A GUNASEKAR Vs. ADDITIONAL DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) The petitioner was appointed by the first respondent as temporary Tabulator on daily wage basis from 07.02.1997. He filed O.A.No.8094 of 2001(W.P.No.4563/2007) for regularisation of his service. The Tribunal, while admitting the Original Application, granted an interim order on 21.12.2001 to the effect that the petitioner shall be retained in service if the work performed by him continues to be available. According to the petitioner, in violation of the aforesaid interim order, he was terminated from service by the first respondent by an order dated 31.12.2001. He made a request to the first respondent to cancel the order terminating him from service as it was against the interim order of the Tribunal. But, his request was rejected by the first respondent by an order dated 04.08.2004. The petitioner filed Writ Petition in W.P.No.35996 of 2004 to quash the above said orders of the first respondent dated 31.12.2001 and 04.08.2004 and for consequential direction to re-instate the petitioner with all benefits. This Court by an order dated 21.03.2005, quashed those orders and directed the second respondent to call the petitioner, when the need to fill up the post of Tabulators comes up in future.

(2.) According to the petitioner, while similarly situated persons are continuing as Tabulators, the petitioner alone was not provided employment inspite of the order dated 21.03.2005 in W.P.Nos.35996 and 35997 of 2004. Hence, the petitioner filed Contempt Petition No.922 of 2005 and the same was dismissed by this Court on 02.12.2005, giving liberty to the petitioner to work out his remedy. Thereafter, the petitioner filed Writ Petition in W.P.No.7661 of 2006 seeking direction to re-instate him in service. The said Writ Petition was allowed by this Court on 21.10.2008 and positive direction was issued to reinstate the petitioner in service.

(3.) Based on the order dated 21.10.2008 made in W.P.No.7661 of 2006, on 15.12.2008, the first respondent had issued the posting order reinstating him in service. Under the said circumstances, the petitioner sought to regularise his service from the non employment period i.e. from 01.01.2002 to 21.12.2008.