M MUTHURAMALINGAM Vs. STATE OF TAMIL NADU REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT

JUDGEMENT

(1.) Challenging the order of the Commissioner, Madurai Corporation dated 26.07.2012 rejecting the request of the petitioner to fix seniority from 31.07.1991, namely, the date of the order passed in W.P.No.15630 of 1990 and to calculate his temporary service for grant of pension, the present writ petition has been filed.

(2.) The petitioner was initially appointed as a Section Writer in the respondent corporation on 06.06.1978. Since the services were not regularized for about 22 years, he approached this Court by filing W.P.No.15630 of 1990 and this Court, by an order dated 31.07.1991 directed the respondent Corporation to consider the regularization of service of the petitioner, if there is permanent vacancy to the said post and consider him along with other similarly placed persons. The respondent corporation was further directed to consider the petitioner's claim on merits and if the petitioner is found suitable, directed to absorb him on permanent basis. In compliance with the said order of this Court, the services of the petitioner were regularized on 26.08.1994 and the petitioner was appointed as a Bill Collector.

(3.) The petitioner is due to retire on 30.06.2017. Therefore, the petitioner had made a representation to the respondent corporation seeking to fix the seniority on the assumption that he was appointed on 31.07.1991, (i.e.) the date of the order of this Court in the earlier writ petition in W.P.No.15630 of 1990 and for grant of full pension by including his temporary services from 1978 to 1994, (i.e.) from the date of initial appointment till the date of regularization. Both the requests are negatived by the respondent corporation by the impugned order.