M PARIVELAN Vs. GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for issuance of a writ of Certiorarified Mandamus to call for records pertaining to G.O.(3D)No.43, Rural Development and Panchayat Raj Department dated 09.12.2011 issued by the first respondent and consequential letter dated 15.07.2016 bearing Na.Ka.No.65903/2015 F2 issued by the second respondent and order bearing Na.Ka.No.15857/2015/Ni4, dated 16.08.2016 issued by the third respondent and quash all the three proceedings insofar relates to not absorbing the petitioner as Assistant from the date of redeployment in Rural Development Department viz., 16.10.2001 and further direct the respondents to absorb the petitioner as an Assistant from the date of redeployment in Rural Development Department viz., 16.10.2001 with all consequential benefits such as retrospective promotion, pay benefits etc.

(2.) Learned counsel for the petitioner would submit that the petitioner is working as an Assistant at Veerapandi Panchayat Union. He was appointed as Radio Supervisor on 04.03.1996 in the Rural Development Department at Sankagiri Division, Salem District. After introduction of Tamil Nadu Panchayat Act, 1994, the maintenance of television and radio belonging to the Village Panchayat became responsibility of the respective Village Panchayat Presidents. After some time, the Government disbanded Tamil Nadu Local Administration Radio and Television Maintenance Organisation, consequent to the devolution of powers to the Panchayats under Three Tire Panchayat Raj System. However, the Government principally agreed to create supernumerary posts to accommodate Radio Supervisors and similarly situated employees on account of the disbandment of Tamil Nadu Local Administration Radio and Television Maintenance Organisation. Accordingly, the Government issued orders in G.O.Nos.228 and 229 Rural Development (E4) Department dated 30.08.2000. It is further submitted that since the petitioner and the similarly situated employees were selected by the Tamil Nadu Public Service Commission for appointment to the post of Radio Supervisors, the Commissioner, Rural Development and Panchayat Raj Department, vide letter dated 23.04.2001, requested the District Collectors to accommodate the Radio Supervisors like the petitioner in any suitable post. Subsequently, the petitioner was accommodated in the Collectorate at Salem on 16.10.2001.

(3.) In this background, the grievance of the petitioner is that his service has not been regularised. The first respondent while passing the impugned G.O.(3D)No.43, Rural Development and Panchayat Raj (E3) Department dated 09.12.2011, has wrongly denied the benefits of regularisation of the petitioner from the date of his appointment as Assistant in the office of the Collectorate at Salem, as the date of regularisation was given only from the date of issuance of G.O.(3D).No.43, Rural Development and Panchayat Raj (E-3) Department Viz., 09.12.2011. Therefore, the petitioner has come to this Court by way of the present writ petition challenging all the impugned orders passed by the respondents 1 to 3.