THESTATE OF TAMIL NADU Vs. S. ESANULLA

JUDGEMENT

(1.) INDISPUTABLY , the respondent / writ petitioner was appointed as Driver -cum -Mechanic Helper in the Central Kitchen of the appellant Department on 29.09.1972. Subsequently, he obtained heavy vehicle license on 23.8.1975. Thereafter, his service was regularized with effect from 10.12.1975.

(2.) THE other similarly placed employees approached the Tamil Nadu State Administrative Tribunal in the year 1993 in O.A.No. 2549 of 1993, wherein the Tribunal, by order dated 8.9.1993, directed the authorities to regularize the services of the said drivers with effect from the date of initial appointment by relaxing Rule 5(b) and 6(b) of the G.O.No. 1429, Education Department dated 23.08.1975. On the basis of relaxation granted to the other similarly placed employees pursuant to the order dated 8.9.1993 passed by the Tribunal, the writ petitioner / respondent herein preferred the instant writ petition, seeking direction to the appellant herein/respondent therein to regularise his service with effect from the actual date of joining on 29.9.1972 with corresponding changes in the service register and salary increments.

(3.) THE learned Single Judge, relying on the order passed by the Tribunal and the subsequent order passed in W.P.No. 2396 of 2007 dated 02.11.2009, directed the authorities to regularize the services of the writ petitioner with effect from 29.9.1972.