PERUMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated 05.09.2007 made in W.P.No.5863 of 2005, wherein the challenge made by the appellant to the orders of the respondents 1 and 2 dated 06.01.2005 and 28.01.2005 respectively, thereby rejecting his request for regularisation from the date of his initial appointment, was negatived.

(2.) IT brief facts, necessary for the disposal of the writ appeal, are as follows:-

(3.) WE have gone through the entire materials placed on record. WE are unable to agree with the reasons offered by the learned single Judge in dismissing the writ petition on the ground that the there is a break of service from 1984 to 1998 due to want of vacancy. It is not in dispute that the appellant was a refugee from Ceylon and he was appointed through employment exchange as Assistant Statistical Investigator in the Department of Statistics, Vellore, on 18.02.1974 and he was terminated from service in the year 1984 for want of vacancy in order to accommodate the candidates appointed through the Tamil Nadu Public Service Commission. It is also not in dispute that thereafter, he made representations to the Government to reappoint him and in this regard, there were lot of correspondence between the authorities and at one stage, it was replied that the certificate issued on the basis of which, he was initially appointed on 18.02.1974, was sufficient to reappoint him. Even then, the appellant's case was not considered. It is pertinent to note that the Government has taken a Policy Decision to accommodate the Srilankan refugees in temporary post. Therefore, if the appellant was terminated from service in the year 1984 for want of vacancy, he should have been accommodated in any temporary post immediately in terms of G.O.Ms.No.2149, Public Services-A Department, dated 11.08.1973. But the same was not done and ultimately after a long gap, his case was recommended as per letter dated 18.07.1994 for consideration to accommodate him in any one of the temporary posts.