T GOPICHANDAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE writ petition is directed against the order of the second respondent dated 10.4.2008, by which the claim of the petitioner for the purpose of modification of appointment order issued earlier and settlement of terminal benefits came to be rejected.

(2.) THE petitioner was appointed as a Work Assistant under the work charged establishment in the erstwhile Tamil Nadu State Transport Department on a monthly pay of Rs.90/- plus usual allowances from 13.8.1971. THE Pallavan Transport Corporation was created and it started functioning from 1.1.1972. THE Pallavan Transport Corporation started its operation of stage carriages as a public sector undertaking owned and controlled by the government and therefore, the employees of the transport department, who were on roll as on 31.12.1971, were allowed to continue to work as government employees on deputation.

(3.) IT is no doubt true that in the Transport Corporation the post of Work Assistant was created as per the proceedings of the Corporation dated 15.3.1978 and the petitioner was brought as a Work Assistant with effect from 1.5.1977. But, it does not mean that the petitioner loses his service from his original date of appointment on 13.8.1971, viz., the date on which he was eligible to be Work Assistant with necessary qualification. Therefore, the contention raised as if, as per the records of the second respondent/Corporation, the petitioner is deemed to have joined only from 1.5.1977, is unfounded. Creation of the posts as per the Board Resolution as a Work Assistant on 15.3.1978 and giving effect to the same from 1.5.1977, does not take away the services of the petitioner, which he has rendered earlier.