K. RAJ Vs. STATE AND OTHERS

JUDGEMENT

(1.) This Writ Petition has been filed to call for the records of the 1st respondent relating to G.O.Ms. No. 46 dated 24.03.2008 and to quash the same, insofar as it includes the 3rd and 4th respondents and consequently, to direct the 1st respondent to include the petitioner's name in the Annexure to the G.O.Ms. No. 46 dated 24.03.2008 passed by the 1st respondent and to regurarize the petitioner's services as Technical Asst. Grade II with all service benefits.

(2.) The case of the petitioner is that he was appointed as Daily Rated Technical Assistant Grade II from 04.10.1995 and was working in Division IV of the Corporation of Chennai. The Government has issued G.O.Ms. No. 11 dated 13.01.2006 to regularize the daily rated workers who have completed 10 years of service and appointed based on the sponsorship by the Employment Exchange. The further condition which has been given in the said G.O is that the year in which, the employee completed 240 days would be counted as the starting year and persons should have worked for 2400 days or more within 10 years.

(3.) As per the said G.O, ten persons, who were not appointed through Employment Exchange, put in 10 years continuous service were ordered to be regularised by making the Rules. Thereafter, the 2nd respondent has issued a Circular dated 10.04.2007, wherein, details of 274 persons as on 01.07.2006 were directed to be furnished in Form I. The petitioner had worked for 10 years from 1996 to 2005, thereby, he has completed more than 2400 days in 10 years of service. Despite the same, his name was not included by the 2nd respondent in Annexure-I, while sending the details, by letter dated 10.01.2007, containing the names of persons who have completed 10 years of service and worked for more than 2400 days. Thereafter, the petitioner's name was included at SL. No. 30 in Annexure -II, which consists of persons who have not completed 2400 days.