LAWS(MAD)-2018-6-1109

A. DHARMALINGAM Vs. STATE OF TAMILNADU AND OTHERS

Decided On June 14, 2018
A. Dharmalingam Appellant
V/S
STATE OF TAMILNADU AND OTHERS Respondents

JUDGEMENT

(1.) The relief sought for in this Writ Petition is for a direction to the respondents to regularize the services of the petitioner and to pay the consequential service benefits as per G.O.Ms.No.22 (Personnel Administrative and Reforms (F) Department), dated 28.02.2006.

(2.) The learned counsel appearing for the Writ Petitioner contended that the Writ Petitioner had registered his name in the District Employment Office, Villupuram, on 04.04.1994, and based on that, he was appointed as a Junior Assistant on temporary basis in proceedings dated 07.07.2003. The said order was enclosed in page No.4 of the typed set of papers filed along with this Writ Petition. The order of appointment unambiguously states that the Writ Petitioner was appointed on temporary basis in a consolidated pay of Rs. 4,000/- per month. The appointment made was temporary in nature and further, the post of Junior Assistant comes under the purview of the Tamil Nadu Public Service Commission and the recruitment to the post of Junior Assistant has to be made through the Tamil Nadu Public Service Commission in accordance with the Recruitment Rules contemplated.

(3.) The learned counsel appearing for the Writ Petitioner further states that the Writ Petitioner was allowed to continue in service for long period and therefore, he is entitled to be regularized. The Writ Petitioner had not availed the benefit of the special qualifying examination conducted by the Tamil Nadu Public Service Commission as he could not participate in the examination.