G PITCHANDI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner filed O.A.No.7367 of 2000 before the Tamil Nadu Administrative Tribunal, seeking to challenge an order dated 10.12.1999 and after setting aside the same seeks for a consequential regularisation of his service with effect from 09.02.1976.

(2.) THE Tribunal ordered notice of motion on the Original Application on 12.10.2000. On notice from the Tribunal, the respondents have filed a reply affidavit dated Nil.

(3.) THE case of the petitioner was that he was appointed as Grade II Warder on 09.02.1976, after being sponsored by the Employment Exchange. He had put in more than 25 years of service. It was submitted that erroneously, he was ousted from service for want of vacancy on 12.11.1976. Instead of transferring him and posting to a vacant place under the control of the Inspector General of Prison (R2), on a wrong notion, he was sent out of service. When the petitioner was sent out, at the same time, the respondents had appointed M/s.Thangamani (19.04.1976), P.Mohan (01.05.1976), P.Madesh (25.07.1976), K.Chandrasekaran and K.Chandaselvaraj (20.12.1976) and M.Yacub (24.12.1976), and they all continued in service. THE petitioner was subsequently appointed on a regular post on 01.10.1977. THErefore, it was claimed that the period from 09.02.1976 to 01.10.1977 should be condoned and his services should be regularised with effect from the date of his entry into service.