G JOHNROSE Vs. KUZHITHURAI MUNICIPALITY

JUDGEMENT

(1.) Rule returnable forthwith. The learned Special Government Pleader takes notice for the second respondent.

(2.) The petitioner herein worked as a casual labourer for some days during the years 1994 to 1997. Every year he worked for some days whenever work was available. It is an admitted position that he was not employed through the employment exchange. Finding that in the year 1998 he was given no work, the petitioner approached the Tamil Nadu Administrative Tribunal (hereinafter referred to as 'the Tribunal') by way of an original application and his main stay was that though he has worked for more than 240 days in each of the previous years, he was not either regularised or given work in the year 1998. The tribunal has dismissed the original application, holding that the petitioner had no right whatsoever and it could not be said that the petitioner had put in sufficient number of years of service to be considered for regularisation. The tribunal also took note of the fact that the petitioner was not employed through employment exchange. It is against this judgment that the present writ petition is filed.

(3.) Learned counsel for the petitioner very fervently argues that the petitioner is 42 years old, he is a post graduate holding all the qualifications for being appointed as a Junior Assistant and inspite of that, he is not being regularised nor was he given the work during the year 1998. Learned counsel points out that this court as well as the Apex Court have held that those persons who completed 240 days of service should be regularised and it is that right, on the basis of which the petitioner has claimed the regularisation.