P MURUGAN Vs. DISTRICT COLLECTOR TIRUVALLUR DISTRICT

JUDGEMENT

(1.) THIS writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the respondent to regularise the service of the petitioner, in the cadre of supervisor for scavengers, in the office of the fourth respondent, from 31.12.1992, which is the date of his initial appointment in service, with all consequential monetary and other benefits.

(2.) THE petitioner had stated that he had been appointed as a supervisor for scavengers, at the office of the fourth respondent, on daily wages basis, from 1.1.1993, by the order of the Commissioner-cum-Special Officer, Nerkundram, Villivakkam Panchayat Union, at Ambattur, made in Na.Ka.No.6440/92/A3, dated 31.12.1992. THE petitioner had been working till 10.4.1998, continuously, without any break in service.

(3.) IN the counter affidavit filed on behalf of the second respondent, it has been stated that the petitioner had been continuing in service from the date of his appointment, only on a temporary basis. Since, the appointment had not been made in accordance with the service Rules applicable to such appointment and as his appointment had not been made against a sanctioned vacancy, the services of the petitioner cannot be regularised.