C KANAGASABAPATHY Vs. DIRECTOR OF TOWN PANCHAYAT

JUDGEMENT

(1.) THIS writ petition was taken on file on transfer of O. A. No. 4990 of 2002 on the file of the Tamil Nadu administrative Tribunal, Chennai.

(2.) THE contents of the petition along with the materials available are perused. The court heard the learned counsel for the petitioner and also the learned counsel for the respondents.

(3.) ADVANCING arguments on behalf of the petitioner, the learned counsel would submit that the petitioner is 57 years old at the time of filing of the petition; that in the year 1981, his name was sponsored by the employment exchange for absorption for employment in the Tamil Nadu Water Supply and drainage Board; that he was selected and appointed as Fitter grade I on 10. 3. 1981 on daily wage basis. While he was continuing in service, he was surrendered to the third respondent Town Panchayat, for which no willingness or consent was obtained; that on the contrary, he made an objection for such surrender; that however, he was working under the third respondent Town Panchayat and he has been occupying the quarters allotted to him as daily wage earner, though he was fully qualified to the post of Grade-I Fitter; that proposals were sent by the third respondent on 30. 08. 1985 to the Assistant Director of Town Panchayat, sivaganga, seeking to sanction the post of two electricians, one pipeline fitter, one fitter and two watchman; that the said proposal was endorsed by the Collector of Sivaganga in his proceedings, dated 20. 10. 1985 to the Director of Town panchayat, the first respondent herein; that though the petitioner made number of representations to the authorities to regularise his service, it was not done; that a government Order came to be passed in favour of the daily wage earner to absorb them into regular vacancies meant for direct recruitment based on their educational qualifications in the year 1999; that G. O. Ms. No. 125, Municipal administration and Water Supply Department, dated 27. 5. 1999, has been issued to bring the NMRs working in the Town panchayats continuously on the crucial date of 31. 12. 1996; that thousands of NMRs were absorbed in the year 1999; that the third respondent brought the applicant in the cadre of water maintenance in the consolidated pay of Rs. 1000/- on 28. 2. 2001 with effect from 1. 3. 2001 and that the family circumstances compelled the petitioner to join in that post and under the G. O. , if a person in the cadre of consolidated pay is completed three years only, he will be brought into the regular time scale, but the applicant got only one year of service and that if his service from 1985 was taken into consideration for regularisation, he should have got all the benefits and under these circumstances, suitable directions have got to be issued to the respondents for regularisation and also for further payment.