SECRETARY TO GOVERNMENT Vs. G. NALLUSAMY

JUDGEMENT

(1.) Heard Mr.V.R.Shanmuganathan, learned Special Government Pleader for the appellants and Mr.Haja Mohideen, learned counsel for the respondent/writ petitioner.

(2.) This appeal by the State is directed against the order in W.P. (MD).No.7555 of 2008, dated 17.02.2016 filed by the respondent/writ petitioner challenging the proceedings of the fourth appellant dated 23.04.2008 as being discriminatory and against the principles of natural justice and to declare the respondent/writ petitioner is entitled to be regularised as Inspector (Grade-II) from 01.07.1988 with all monetary benefits. Before the writ Court, the petitioner placed reliance on the case of one similarly placed person by name Thiru Narayanan was considered favourably by the Government and G.O.Ms. No.286, dated 13.12.2005 was passed relaxing the ad hoc rules and bringing the person into regular establishment with effect from 01.07.1988 in the category of Work Inspector Grade-II. The respondent/writ petitioner contended that he is also entitled for the identical treatment. However, the same came to be rejected by the proceedings of the fourth appellant dated 23.04.2008, which was impugned in the writ petition.

(3.) The writ Court, after taking into consideration that the respondent/writ petitioner has also been serving in the same category, the yardstick applied in G.O.(Ms.).No.286, dated 13.12.2005 can also be extended to the respondent/writ petitioner and accordingly, allowed the writ petition and directed the fourth appellant to include the name of the respondent/writ petitioner in the regular list of Work Inspector Grade-II.