K. VENKATARAMAN Vs. THE STATE OF TAMIL NADU REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD DEPARTMENT

JUDGEMENT

(1.) THE appellant originally got inducted into the services of the Judicial Department and became a permanent Chief Clerk, Metropolitan Magistrate's Court, George Town, Madras, when he was drafted into the Civil Supplies Department; and on 19.9.1979 while he was working as Assistant Commissioner of Civil Supplies, Nungamgbakkam Zone, he was reverted to the Judicial Department. The appellant put that order in issue in W.P. No. 4169 of 1979. Two contentions were advanced by the appellant before the learned single Judge, who heard and disposed of the writ petition. The learned single Judge did not accept either of the contentions and dismissed the writ petition and this has obliged the appellant to prefer the present writ appeal.

(2.) THE very same two contentions are being pressed forth before us. The first contention is that the services of the appellant were regularised in the Civil Supplies Department and hence he cannot be reverted to the Judicial Department. That the services of the appellant in the Civil Supplies Department were regularised is not being disputed by the respondents. Their answer is what is expressed in paragraph 4 of the counter -affidavit filed by them in the writ petition, which runs as follows: