T GANESAN Vs. CHAIRMAN

JUDGEMENT

(1.) The petitioner has been working as Field Assistant on N.M.R. basis under the Tamil Nadu Pollution Control Board in the office of the District Environmental Engineer, Tirunelveli. His initial appointment as NMR was done on the basis of an interview conducted by the Board from among the candidates sponsored by the employment exchange. He joined as Field Assistant on 1.2.1992. He continued in the above capacity for 4 years with intermittent break of one or two days after every 89 days of work. He filed a representation for regularisation of his service with effect from 1.2.1992 and since the application was not disposed of, he filed W.P.No.1143 of 1996 seeking for writ of Mandamus directing the respondents to regularise the service with effect from 1.2.1992. During pendency of the aforesaid writ petition, as per the proceedings dated 29.5.1998, an order of termination was issued. Thereafter the petitioner filed W.P.No.8082 of 1998 challenging the order of termination and an order of interim stay was granted on 16.6.1998 and with effect from 19.6.1998, the petitioner was reinstated. Subsequently, during pendency of the aforesaid two writ petitions, the respondents have passed order of regularisation regularising the services of the petitioner with effect from 28.10.1999. In the above background of undisputed facts and events, the contentions raised in the two writ petitions are to be considered.

(2.) The question raised in W.P.No.8082 of 1998 is no longer necessary to be considered as in the meantime, the petitioner after being reinstated, has been regularised in service. Therefore, the order of termination has lost its efficacy.

(3.) Learned counsel appearing for the respondents has also submitted that since the petitioner has been regularised from 28.10.1998, the prayer in W.P.No.1143 of 1996 has become infructuous and the questions need not be decided.