M SREEKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner seeks for a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the second respondent in Rc.No.1251/08/EE3 dated 12.4.2008 and quash the same and direct the respondents to consider the petitioner for absorption as Road Inspector Grade II treating the petitioner as a qualified candidate for such absorption and absorb him as Road Inspector Grade II and grant all consequential benefits to the petitioner.

(2.) THE petitioner in the writ petition, though appointed as Technical Assistant on daily wages basis in Thovalai Panchayat Union, no appointment order was given to him. His names was entered in the muster role, but he was not regularized. On 12.9.1997, the 2nd respondent has informed all the Collectors that new appointments on part time/NMR/full time/temporary basis of Helpers, Technical Assistants etc., should not have been made after 1.4.1997 and directed the Collectors to order recovery of the amounts paid to such persons from the Block Development Officers/Additional Block Development Officers besides taking stringent disciplinary action and even suspension. THE petitioner has filed O.A.No.1635 of 1998 to regularize his service in the post of Technical Assistant with effect from the date of his initial appointment. THE Tribunal admitted the Original Application and granted an order of interim injunction. THE petitioner has bee put in 11 years of service, but not on regular basis.

(3.) THE Government issued G.O.(D) No.609, Rural Development and Panchayat Raj Department dated 19.10.2006 with direction to the Collectors to fill up 50% of the vacancies in the posts of Overseer, Junior Draughting Officer and Road Inspector Grade II in the Rural Development and Panchayat Raj Department pending approval of the Committee. THE said G.O came to be challenged in the batch of Writ Petitions in Madurai Bench of this Court in W.P.(MD) Nos.11660 to 11668 of 2007 etc., and final order has been passed on 9.5.2007 directing the absorption of the daily rated employees in the vacancies available in three categories viz., Overseer, Junior Draughting Officer and Road Inspector Grade II provided they possess the required qualification and were in service on the date of issue of the above said Government Order.