P CHANDRAKASAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The relief sought for in this Writ Petition is to call for the records of the order passed by the 1st respondent on19.052010 and quash the same and direct the respondents to pay the arrears of wages with interest due to the petitioner and consequently reinstate the petitioner from service with all service benefits and consider the petitioner for absorption in a permanent post.

(2.) The factual matrix required to be considered in this Writ Petition is that the writ petitioner was appointed as Sweeper by the Tahsildar, Dindigul by proceedings in Na.Ka.No.1325/1991 dated 04.0191 and the wife of the petitioner also was appointed as sweeper by the said proceedings and both the writ petitioner and his wife are Srilankan refugees and worked in Srilangan refugee camp. The petitioner and his wife were drawing the daily wage of Rs.15/- per day. The petitioner and his wife were continously engaged in work without any break in service. This being the factum, the third respondent terminated the services of the writ petitioner on 21.09.1994. However, the wife of the petitioner was allowed to continue in service and she passed away on 13.11995. Again the petitioner was appointed as sweeper in the vacancy, which had arisen due to the death of his wife by proceedings in Na.Ka.No.1946 of 1996 dated 26.01996 issued by the Revenue Divisional Officer, Dindigul.

(3.) The grievances of the writ petitioner is that he was allowed to continue only as daily rated employee and the claim of permanent absorption has not been considered. In these circumstances, the writ petitioner was discharged from service on 16.04.2002 and further the affidavit filed in support of the writ petition states that the petitioner was black listed and discharged from service.