V SANKARAN Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THE petitioners in both the writ petitions would seek to issue Writs of Certiorarified Mandamus to call for the records of the respondents which culminated in the passing of the Order dated 27. 6. 1995 in Memo No. Personnel (NT)5/73360/93 by the first respondent herein, quash the same and direct the respondents to regularise the services of the petitioner in the post of Typist with effects from 17. 11. 1986.

(2.) THE case of the petitioners is that they joined the services of the first respondent respectively on 17. 5. 1973 and 1. 8. 1973 as daily wage earners under Nominal Muster Roll (N. M. R.); that pursuant to the first respondent's Proceedings No. ET. 6/104625/79 dated 23. 11. 79, the petitioners' services in both the writ petitions as Workers under N. M. R. Category, were converted into one under Non-Provincialised Work Charged Establishment category with effect from 17. 11. 1973 and 1. 2. 1979 respectively in accordance with the provisions of G. O. Ms. No. 51 Finance, dated 14. 1. 1972; that in the regular category, the petitioner in W. P. NO. 17633/1995 was designated as Assistant Plumber and the petitioner in W. P. No. 17634/1995 was designated as Gardener in the scale of pay of Rs. 130-3-160-4-180-5-190 and the benefits of H. R. A and periodical increments were also sanctioned from the date on which the petitioners were brought under Non-Provincialised Work Charged Establishment category; that the second respondent passed G. O. Ms. No. 567 dated 28. 4. 1980, which was in conformity with the above proceedings of the first respondent and the said G. O permitted the first respondent to appoint personnel recruited as N. M. R and N. P. W. C. E upto 31. 12. 1977, who satisfied the rules relating to age and educational qualification to regular posts without reference to the Employment Exchange and hence absorption of the petitioners as Assistant Plumber and Gardener in the regular category with effects from 22. 11. 1978 and 1. 2. 1979 is in order and in conformity with the rules.

(3.) THE petitioners would further submit that they both are fully qualified to hold the posts and when regular vacancy arose, they requested the first respondent to consider them for the same; that the first respondent, by his Proceedings No. E2. 6/25908/85 dated 14. 11. 1986 promoted the petitioners along with M. H. Kumar as typists in the scale of pay of Rs. 610-20-730-25-955-30-1075 in the typing cell; that the petitioners joined as Typists on 17. 11. 1986; that the first respondent, by Proceedings No. ENT. 4/25908/95 dated 9. 11. 1992 regularised the services of the petitioners with effects from 12. 5. 1992.