M. SHANMUGAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Challenge in this intra-court appeal is to the order of the Writ Court dismissing the Writ Petition filed by the appellants, challenge in which was to the rejection of the request for regularization.

(2.) The appellants were appointed as Hand Pump Fitting Assistants on a daily wage basis in the 4th respondent Panchayat Union on the following dates i)1st petitioner - 9/1/1999, ii) 2nd petitioner - 1/4/1999 iii) 3rd petitioner - 1/1/2000 iv) 4th petitioner - 1/4/2000. However, the 1st respondent by his proceedings dtd. 23/8/2000 removed them from service. The said proceeding was challenged by the petitioners in O.A.No.6665 of 2000 before the Tamil Nadu Administrative Tribunal and an order of interim injunction was granted by the Tribunal restraining the respondents from removing the appellants from service. As such they continued to work as Hand Pump Fitting Assistants. Upon abolition of the Tribunal, the said O.A.No.6665 of 2000 was transferred to this Court and numbered as W.P.No.40742 of 2006.

(3.) A contention was raised on behalf of the 4th respondent herein to the effect that the appellants were disengaged on the basis of the instructions received from the District Collector, Dharmapuri on 22/8/2000. While the counsel for the appellants herein relied upon G.O.Ms.No.22 dtd. 28/2/2006 and G.O.Ms.No.55 dtd. 15/6/2006, directing regularization of such temporary employees appointed prior to 1/4/1997 and in respect of the contention that they should be regularized, this Court held that G.O.Ms.No.55 dtd. 15/6/2006 provides for continues employment of persons appointed after 1/4/1997 also.