P SRINIVASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was appointed as Servant-cum-Watchman in College Boys' Hostel, Adi Dravidar Welfare, Karur, by the District Adi Dravida Welfare Officer, Trichy /third respondent herein, by an order dated 05.07.1972. He joined duty on 19.07.1972. While he was working in Kadavur Boys' Hostel, he was dismissed from service by the third respondent, by an order dated 21.11.1978. Aggrieved by the said order, he filed a writ petition in W.P.No.926 of 1984. The writ petition was transferred to the Tribunal and renumbered as T.A.No.1019 of 1989. The Tribunal, by an order dated 30.04.1997, set aside the order of dismissal, directing the third respondent to reinstate him with all wages for the period of non-employment. Pursuant to that order, the petitioner was reinstated in service and he joined the duty on 13.08.1997. Since the petitioner was in contingent employment at the time of dismissal, he sought for regularisation of his service as that of the similarly situated persons, who were regularised in service based on G.O.Ms.No.280, Adi Dravida and Tribal Welfare Department, dated 23.12.1993. Since the petitioner was not in service when the aforesaid G.O. was issued, he was not given the benefit of the said G.O. According to the petitioner, it was not his fault, since he was wrongly dismissed by the third respondent and the same was also set aside by the Tribunal. By complying with the said Tribunal order, he was restored for duty.

(2.) The petitioner has sent a representation seeking regularisation of his service as per G.O.Ms.No.280, dated 23.12.1993, to the third respondent. The third respondent, by a letter dated 06.04.1999, sent a proposal to the second respondent, recommending the claim of the petitioner based on the G.O.Ms.No.280, dated 23.12.1993. In turn, the second respondent forwarded the same to the first respondent to regularise the service of the petitioner, by a letter dated 22.04.1999. Since no order was passed, the petitioner filed O.A.No.4979 of 2001, before the Tribunal, seeking to regularise the services of the petitioner from 01.04.1978 as per G.O.Ms.No.280, Adi Dravida and Tribal Welfare Department, dated 23.12.1993, and as per the order of the Tribunal dated 30.04.1997 passed in T.A.No.1019 of 1989 and as per the recommendations of the respondents 2 and 3, as Servant cum Watchman with all benefits. On abolition of the Tribunal, the same was transferred to the file of this Court and renumbered as W.P.No.5173 of 2007.

(3.) No counter affidavit is filed by the respondents.