W SURYAPUSHPAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) (Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the order of the Tamil Nadu State Administrative Tribunal, dated 12.1.2004 passed in O.A.No.7053 of 1995 and to quash the same and direct respondents 1 to 4 to regularise the service of the petitioner as Junior Assistant with effect from 11.8.1975, confer all other consequential promotion and to pay all pensionary and other benefits accordingly to the petitioner.) The Writ Petition is directed against the impugned order of the Tribunal, dated 12.1.2004 passed in O.A.No.7053 of 1995 (common order passed in O.A.No.7053 of 1995 and 60 of 2004)

(2.) THE Tribunal held that the petitioner's services were regularised on 10.11.1986 in accordance with G.O.Ms.No.996, Personnel and Administrative Reforms Department, dated 22.9.1984, that the Government has recognised the appointment of the petitioner-applicant as Junior Assistant in National Malaria Eradication Programme (for short, NMEP) with effect from 25.6.1984 and therefore, the earlier order of regularisation cannot be restored because, it was passed without jurisdiction and the applicant is also not entitled to get the benefit of earlier order of regularisation passed in 1991. THErefore, the applicant has been regularised as Junior Assistant and the Tribunal directed that the applicant will be entitled for pension and other benefits with effect from the date of her regularisation a per the G.O.Ms.No.996, dated 22.9.1984.

(3.) AS per the above said G.O.Ms.No.996, the petitioner's services were regularised with effect from 25.6.1984. By letter dated 29.11.1986, it was stated by the authorities that the petitioner was regularised in her service with effect from 25.10.1976, contrary to the regularisation order passed by the District Health Officer, Ramanathapuram, dated 9.10.1976. Then, the petitioner made a representation on 31.1.1987 to the Regional Deputy Director of Public Health and Preventive Medicine, Madurai. Pending consideration of the above said representation, the third respondent issued proceedings dated 22.1.1991, modifying the earlier order of regularisation of the services of the petitioner/applicant dated 9.10.1976 as from 25.6.1984, placing her on probation for a period of two years and also declaring her probation as was being completed on 27.3.1991.