HIRUDAYARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petition is filed challenging the order of the third respondent dtd. 1/4/2011 and to direct the respondents 2 and 3 to approve the appointment of the writ petitioner in the post of Junior Assistant with effect from 1/4/2006 and to pay arrears from 4/1/2011 to 1/5/2013.

(2.) The writ petitioners states that one Mr.A.Isidore, who was holding the post of Junior Assistant in the 4th respondent St.Marys Teacher Training Institute, retired from service on 31/3/2003 on attaining the age of superannuation. In the retirement vacancy, the writ petitioner was appointed on regular basis with effect from 1/4/2003. However, the appointment of the writ petitioner was not approved during the relevant point of time. In the year 2001, the Government imposed ban for appointments and the said ban was in force for a period of five years till the year 2006. The petitioner states that the appointment of the writ petitioner was approved from 17/3/2008 and thereafter, the petitioner was drawing the regular time scale of pay. However, the third respondent through order dtd. 4/1/2011 cancelled the approval of appointment granted in favour of the writ petitioner. The said order of cancellation is under challenge in the present writ petition.

(3.) The learned counsel for the petitioner states that again the writ petitioner was issued with fresh appointment order with effect from 2/5/2013 and served in the Institute for about two years. Therefore, the services of the petitioner is to be regularized withe effect from 1/1/2006