A.MARIKANNU Vs. CHIEF ENGINEER

JUDGEMENT

(1.) The petitioner was working as contract labourer in the Cuddalore Electricity Distribution Circle from 3.5.96 and, thereafter, as per the proceedings of the 2nd respondent dated 24.2.08, the petitioner was absorbed as temporary casual labourer under the control of the 2nd respondent for more than one year from 26.2.08. However, due to the ill-health of the petitioner's mother, a representation dated 5.3.09 was made by the petitioner to the 1 st respondent seeking transfer from Cuddalore Electricity Distribution Circle to Villupuram Electricity Distribution Circle, the representation was not considered and no orders were passed on the said representation. The petitioner was waiting for necessary transfer orders and looking after his mother.

(2.) In the meantime, memo dated 2.6.10 was issued to appoint the contract \ labourers, who were absorbed as temporary casual labourers and who were working for more than one year as Assessor Grade-II, Helper-cum-Meter Reader and Mazdoor in the time scale of pay and direction was issued to the respective authorities to issue necessary appointment orders. It is the case of the petitioner that though he had worked for more than a year, however, his case has not been considered and he was not appointed as Assessor Grade-II, though he had passed 10th standard. In this regard, the petitioner sent several representations, dated 9.9.10 and 21.11.11 to the 1st respondent, which did not evoke any response.

(3.) Thereafter, the petitioner, under the Right to Information Act , obtained information from the 2nd respondent stating that as he did not report for duty since 21.3.09, his case for appointment was not considered. It is the case of the petitioner that he had worked for more than a year and he was expecting transfer orders based on his representation. The act of the respondents in not passing any orders on his transfer representation and rejecting his candidature for appointment is per se illegal and is unsustainable in law. Therefore, the petitioner has come before this Court seeking the relief as above.