A. SUBRAMANIAN Vs. SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT ST. GEORGE

JUDGEMENT

(1.) BY consent of both sides, the writ petition itself is taken up for final disposal. Heard Mr.V.Venkattasamy, learned counsel for the petitioner, Mr.D.Muruganantham, learned Additional Government Pleader for the respondents 1 and 2 and Mr.S.Chandrasekar, learned counsel for the third respondent.

(2.) SEEKING for a mandamus directing the respondents 1 to 3 herein to regularise the service of the petitioner as Tractor Driver in the third respondent town panchayat from 17.01.1998 being the date of sanction of the post as per G.O.Ms.No.23 MA & WS Department dated 03.03.1998 with all attendant benefits, the petitioner is before this Court with this present writ petition.

(3.) THE third respondent has filed their counter denying all the contentions put forth by the petitioner, except those which are admitted. According to them, the writ petition is not at all maintainable either in law or on facts. It is contended that the petitioner was engaged in contract basis to operate the Tractor from Self Help Group as per the proceedings of the third respondent, dated 16.07.2003 in Na.Ka.No.83/2003 and the petitioner is not eligible for regularisation. It is further contended that the petitioner is not eligible for appointment as Tractor Driver as per G.O.No.23 MA & WS Department, dated 03.03.1998. Though already a person by name Murugan having eligible qualification prescribed in the said G.O. has been appointed, the petitioner, who is a member of Self Help Group, is not eligible for the said post. It is the stand of the respondent that though another Tractor Driver post being sanctioned through the Director of Town Panchayat, a person, by name, Samuel also appointed as Driver from Self Help Group, is not now working in the panchayat. To appoint the petitioner as Tractor Driver, proposal being submitted to the Director of Town Panchayat, Chennai and the same is under consideration and the petitioner is not continuously worked as Driver in the third respondent Panchayat. Therefore, they prayed for the dismissal of the writ petition.