R NAGARATHINAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner in W.P. No.21987 of 2006 was originally appointed as a Field Assistant on 03.08.1981 in the Office of the Assistant Executive Engineer (Agricultural Engineering), Soil Conservation Scheme, Kovilpatti. THE petitioner in W.P. No.21988 of 2006 was initially appointed as Field Assistant on 05.11.1981 in the same office. Both of them were Approved Probationers in the said post of Field Assistant.

(2.) THE Soil Conservation Sub-Division was wound up with effect from 15.07.1988, as a result of which the Field Assistants working in the Sub-Division were rendered surplus. Similarly, certain posts of Field Assistants in the hill area Development Programme were also disbanded in the year 1988-89. Thus, 20 Nos. of Field Assistants including the petitioners herein were rendered surplus and the petitioners herein were discharged for want of vacancies with effect from 14.08.1989 and 16.08.1989, respectively. However, the petitioners were reappointed as Tractor Cleaners on 24.08.1989 and 11.09.1989, respectively after a small break in service.

(3.) THE only reason stated by the petitioners for wiping out the entire past services of the petitioners is that after the petitioners were rendered surplus, they were reappointed as Tractor Cleaners on humanitarian consideration, after relaxing the Rules for appointment in G.O.Ms.No.1, Agriculture (ASC) Department, dated 03.01.1992. THErefore, according to the respondents, the relaxation takes effect only from the date of the order and hence they were entitled to be fixed only in the minimum of the time scale of pay.