K RAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners have filed the above writ petition for issuance of Writ of Certiorari to call for the records on the file of the second respondent in proceedings Na. Ka. No. 23307/rr2/2004-2, dated 21. 10. 2004 and the consequential order passed by the 3rd respondent in MK. Na. Ka. No. 20636/b3/2002, dated 3. 11. 2004 and quash the same.

(2.) HEARD the learned counsel appearing for the petitioners.

(3.) THE petitioners were appointed as N. M. R between 1973 and 1977 in Animal Husbandry Department. Later under G. O. Ms. No. 116, dated 7. 5. 1997, the service of the petitioners and other casual labourers were regularised on temporary basis. Pursuant to the said Government Order, the petitioners were appointed as Animal Husbandary Assistants on temporary basis in and by the order dated 10-07-1977 passed by the third respondent. Thereafter, G. O. Ms. No. 17 dated 03-02-2004 was issued regularising the service of the petitioners from the date of appointment and the petitioners were entitled to receive all benefits from 10-07-1997. While things are such, the second respondent issued the impugned proceedings dated 21-10-2004 stating that regularisation has been made wrongly from 10-07-1997 instead of 03-02-2004 and monetary benefits paid to the petitioners and others has to be recovered. It is stated that based on the said proceedings, the third respondent is attempting to recover the monetary benefits said to have been granted erroneously, without affording any opportunity to the petitioners.