N. NARAYANASAMY Vs. DISTRICT COLLECTOR, NAGAPATTINAM

JUDGEMENT

(1.) The petitioner has come forward with this writ petition to issue a writ in the nature of writ of Certiorarified Mandamus to quash the Pro.Na.Ka.No.447/98/A1 dated 6.2.2008 passed by the second respondent and to direct the second respondent to reinstate the petitioner as Basic Service personnel in any one of the regular vacancies on the Scale of pay and regularise his service from the date of first appointment and grant consequential benefits.

(2.) The facts in brief which are necessary for the disposal of this writ petition are:- The petitioner was working as Cholera Mazdoor in Government Primary Health Centre, Thalaignayiru, Thalaignayiru Panchayat Union since 1983 onwards and he has completed 15 years of service in the same capacity till 1998. Thereafter, he was terminated for want of vacancy by oral order of the 3rd respondent. In this regard, to regularise his service and to make him permanent, the petitioner has sent several representations to the 2nd respondent for which the 2nd respondent replied that they have sent a proposal to the Director of Public Health and Preventive Medicine and also to the Director of Rural Development, Chennai to absorb him as permanent employee in the existing vacancy. The said proposal was pending with the Directorate from 1996 onwards.

(3.) The petitioner filed O.A.No.374/98 before the Tamil Nadu Administrative Tribunal and also obtained an interim order not to terminate him. Thereafter, the petitioner has made a representation to the 2nd respondent and the same is still pending without passing any orders. In the meanwhile, the Government passed G.O.Ms.No.52, Finance (F.R.II) Department, dated 14.1.77 and also G.O.Ms.No.107 P and A.R. (Per F) Department dated 5.2.1987 giving instructions to all the departments to bring the contingent staff into regular establishment and also issued direction to complete that process on or before 31.3.1987. In spite of the same, the service of the petitioner was not regularised.