N BALAKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Original Application in O.A.No.3916 of 2001 before the Tamil Nadu Administrative Tribunal is now W.P.No.324 of 2007 before this Court.

(2.) THE petitioner is a Repatriate from Sri Lanka. He was appointed as Junior Assistant in Commercial Tax Office under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Services Rules by an order dated 14.12.1990. He was ousted from service on 16.12.1994. THEreafter, for want of vacancy, by an order dated 23.02.1996, he was reappointed as Junior Assistant. THE services of the petitioner was not regularized in spite of the Government issued G.O.Ms.No.2024, Revenue Department, dated 15.05.1974, to regularize the service of the Repatriate employee even though they are not fully qualified or they are over aged by granting relaxation in those matters. THE first respondent passed an order dated 06.07.1999 stating that certain repatriates who were ousted from services for want of vacancies filed Original Application Nos.3054/90, 3533/90, 2532/90 and 8/91 seeking direction that the benefit given to the Repatriates in G.O.Ms.No.2024, dated 15.05.1994 to be extended to the posts coming within the purview of Service Commission and the said Original Applications are pending before the Tamil Nadu Administrative Tribunal and therefore, the request of the petitioner for regularization could not be considered. Aggrieved by the said order, the petitioner has filed Original Application before the Tamil Nadu Administrative Tribunal, Chennai, praying to quash the order of the first respondent and to regularize the services of the petitioner from the date of appointment as per Government Lr.No.3096/ Rehabilitation/1(2)/89, dated 11.08.1999 of Rehabilitation Department.

(3.) THE Government passed G.O.Ms.No.2024, Revenue Department, dated 15.05.1974, granting certain benefits to repatriates, who are employed in Government Services. Paragraph 3 of the said Government Order is extracted hereunder: