D ANBALAGAN Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THIS is an appeal by the original petitioner whose writ petition, which was substantially directed against the order dated 13th december, 1982 made by the Tamil Nadu Public Service commission holding that the selection of the petitioner is cancelled and his name is removed from the list of junior assistants and that he is debarred from writing any examination conducted by the Public Service Commission for a period of one year from 16th November, 1982, was dismissed by the learned single Judge.

(2.) THE petitioner has come to Court in rather unusual circumstances. Between 23rd October, 1974 and 31st May, 1976, the petitioner had held temporary employment in Government service under Rule 10 (a ) ( i ) of the General Rules for the Tamil Nadu State and Subordinate Services. For a brief period from 23rd October, 1974 to 19th february, 1975 he was junior assistant at the Taluk Office, Chengam. THEn from 21st February, 1975 to 3rd april, 1975 and from 16th April, 1975 to 31st May, 1976, he was working as a special Revenue Inspector at Arni. After 31st May, 1976 the petitioner was unemployed till 8th November, 1976 when he once again got a temporary employment as a record clerk at the Government High School , Athimoor.

(3.) THE learned Judge seems to have dealt with a similar matter in Writ Petition No. 3740 of 1984 in which the learned Judge has taken the view that there was no proper application at all made to the Public Service examination and therefore that writ petition was rejected summarily. THE learned Judge took the view that column 14 of the application specifically required the disclosure of &quot ; particulars of employment, regular or temporary, whether in Government service or not and date of appointment to and relief from each post and reasons for leaving each post and emoluments in each post. " * THE learned Judge does not seem to have dealt with the question as to whether the retrospective regularisation of the petitioner's temporary employment as record clerk could render his application which was made when he was admittedly a temporary employee, as not proper.