N KUMARESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners have filed the present writ of mandamus praying for issuance of an order by this Court in directing the respondents to regularize their services on and after completion of 5/10 years of services on the basis of the representation dated 22.2.2006 and followed by a reminder dated 15.5.2006 as per the Government Orders and within a time to be stipulated by this Court.

(2.) ACCORDING to the petitioners, they were appointed on casual labour basis with effect from the respective dates and they are continued to work with regular fictional breaks. Their date of first appointment runs as follows:-

(3.) THE Respondents Nos.1, 2, 4 and 6 in their counter have averred that out of 12 petitioners, only five worked as Mazdoors in Thamirabarani Basin Circle. (1) G. Ramesh (3rd petitioner), (2) T.Subash (5th petitioner), (3) D. Hepsy (7th petitioner), (4) N. Prasad (9th petitioner) and (5) J. John Duraisingh (10th petitioner). They were engaged under Nominal Muster Roll. However, no petitioner worked as Mazdoor under NMR for ninety days continuously for a spell and not worked for 240 days in a calendar year or 480 days in two years as NMR Mazdoor.