A.SUNDAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in this writ petition is as follows:-

(2.) THE case of the petitioner is that he was appointed as 'Road Worker' on 13.11.1997 temporarily at the office of the 2nd respondent. On 26.11.1997, he was directed by the 3rd respondent to assist the work between Myladi and Marungur road. At the time of cleaning the road, the petitioner was attacked by one Isravel and therefore, he was admitted in the Government Hospital on 27.11.1997. A police complaint was also lodged by the petitioner. He was discharged from the hospital on 30.11.1997. The second respondent treated those 4 days as period of absence and not treated the same as period of service, while his service was regularised on 06.01.1999 only with effect from 17.11.1998. Therefore, the petitioner lost his original seniority and consequently, his name was placed in serial No.10 instead of serial No.2. In view of the said position, his juniors were promoted as 'Road Inspector'. Therefore, the petitioner filed a writ petition before this court in W.P.(MD)No.9850 of 2008 to consider his name for promotion as 'Road Inspector'. On 05.11.2008, this court passed an order directing the 2nd respondent to consider the representation of the petitioner, dated 17.09.2008. Thereafter, the present impugned order came to be passed rejecting the claim of the petitioner to treat the said four days as period of service.

(3.) THE learned counsel appearing for the petitioner submitted that the petitioner is entitled to challenge the non inclusion of those four days in his service period, when his right to be considered for promotion is denied. Therefore, according to the learned counsel for the petitioner, there is no delay on the part of the petitioner in approaching this court.