R SRIRAM Vs. SECRETARY TO GOVERNMENT AGRICULTURAL DEPARTMENT

JUDGEMENT

(1.) NANDANAM, Madras-35 in Tu.Pa.3/106477/93, dated 13.7.94, and quash the same and direct the respondents herein to count the continuous services rendered by the applicant from 5.10.1971 to 1.12.1974 by regularizing the said services for the purpose of seniority in the cadre of Store Keeper Gr.I and consequently direct the respondents herein to promote the applicant herein as Store Superintendent with effect from the date on which his junior Mr. Parasuraman came to be promoted in terms of entry into the service as Store Keeper Gr.I with all consequential service and monetary benefits. Heard Mr. K. Rajkumar, the learned counsel appearing for the petitioner, Mr. T. Seenivasan the learned counsel appearing for the respondents 1 to 3 and Mr. R. Ganesan, the learned counsel appearing for the fourth respondent.

(2.) THE petitioner has stated that, based on his S.S.L.C. Qualification, he was appointed as a Store Keeper Grade-I in the Agricultural Department, having been sponsored by the employment exchange. He was appointed on 4.10.71, on temporary basis. THE petitioner had joined the post, on 5.10.71, in the scale of pay of Rs.200-5-250-10-300. Like the petitioner, a number of other persons had also been appointed in the Agricultural Engineering Department as Store Keeper Grade-I, on temporary basis, under Rule 10(a)(i) of the Tamilnadu State and Subordinate Services Rules. By the proceedings, dated 6.2.74, the petitioner had been transferred and appointed as Bore Well Foreman-cum-Store Keeper, which has equal duties and responsibilities. THE scale of pay of the petitioner in the transferred post was fixed at Rs.160-5-240, as the post in which the petitioner had been transferred and appointed carries equal job responsibilities. Later, the petitioner was selected by the Tamilnadu Public Service Commission, after an oral interview. By the proceedings of the first respondent, dated 8.11.74, he was appointed as a Store Keeper Grade-I, in the post which he had held prior to his transfer as a Bore Well Foremen-cum-Store Keeper. THE petitioner had joined the post on 2.12.74 and since then he has been holding the post, continuously, without any break, on a regular basis. It is seen from the order of regular appointment given to the petitioner, on 8.11.74, by the Chief Engineer, (Agricultural Engineering), that a number of persons who had held the post as Store Keeper Grade-I, on a temporary basis, were given regular appointment by relaxing the rules relating to age and educational qualifications. Even though they had not been appointed on a regular basis they were given the benefit of the services rendered by them as temporary Store Keepers, under Rule 10(a)(i) of the Tamilnadu State and Subordinate Services Rules. THE entire period, from their initial date of appointment had been counted for the purpose of seniority, increments, promotions etc.,

(3.) AT this stage of the hearing of the writ petition, the learned counsel for the petitioner had submitted that the Government of Tamilnadu had issued an order in G.O.Ms.No.62, Agriculture (AA3), Department, 13.3.2002, regularizing the services of certain persons working in the Agricultural Engineering Department from the date of their initial appointment by relaxing the relevant rules. Therefore, the learned counsel for the petitioner had submitted that since the petitioner is also in a similar position it would be appropriate for the Government to consider regularizing his service from his initial date of appointment i.e from 5.10.71, for the purpose of seniority etc.,