STATE OF TAMIL NADU Vs. E.SANKARALINGAM

JUDGEMENT

(1.) Challenge in this writ appeal is to an order of the writ court dtd. 17/11/2016 made in W.P.No.30393 of 2008, by which, the writ court, following its previous order of the same date made in W.P. No.22168 of 2009, allowed the writ petition and directed the appellants herein to regularise the services of the respondent herein/writ petitioner, from the date of appointment or the date on which the respondent was brought into time scale of pay and further observed that once the respondent is entitled to get his service regularised as above, he shall also be eligible to get all service benefits including periodical increment in pay. Writ court further directed the appellants herein to calculate the said pay difference, arrears after calculating increment to be paid to the respondent herein.

(2.) Short facts leading to the filing of the writ appeal are that, the writ petitioner was initially appointed as daily wage Casual Labourer on 18/1/1988, in the office of the Deputy Director, District Live Stock Farm, Abishekapatti, Tirunelveli District and he continued as such till 16/2/2000. He has put in more than 20 years of service as Animal Husbandry Assistant, paid from contingencies, and he is eligible to be appointed as Animal Husbandry Assistant, as per amendment to Ad hoc Rules framed under Article 309 of the Constitution of India in G.O. Ms. No.1527 Agriculture (AHVIII) Department dtd. 28/8/1985, wherein the educational qualification prescribed for the post of Animal Husbandry Assistant is, able to read and write Tamil. Therefore, as per G.O. Ms. No.1460 dtd. 19/11/1973 and the Government Guidelines in Letter No.35988/D.O.I.FR.I/93-3, dtd. 11/1/1994, the petitioner is entitled for the first increment and also further increments. Therefore, the restriction imposed in sanction of increment in G.O. Ms. No.117 dtd. 28/8/2008 is void, ab initio and ultra vires of the Fundamental Rule

(3.) According to him, as on 6/2/95, 1135 persons were working as daily wage casual labouers. Government in G.O. Ms. No.116, Animal Husbandry Assistant, directed to fill up those posts as detailed below: