STATE OF TAMIL NADU Vs. G.VELMURUGAN

JUDGEMENT

(1.) Challenge in this writ appeal is to an order of the writ court dtd. 14/2/2018 made in W.P.No.25254 of 2008, by which, the writ court, set aside G.O. Ms. No.117 Animal Husbandry and Fisheries Department dtd. 28/8/2008 and consequently directed the respondents therein/appellants, to regularise all the petitioners therein from the date of their original appointment i.e. 2000 - 2001, with all monetary benefits like, grant of annual increment except arrears of pay etc.

(2.) Short facts leading to the filing of the writ appeal are that, the writ petitioner was initially appointed as a Casual Labourer on 14/2/1991 in Animal Husbandry Department. According to him, his services were continuously utilised during the period of casual employment. After completion of a number of years as casual labour, he approached the Tamil Nadu Administrative Tribunal and obtained certain directions for regularisation of his service and thus he was brought under regular establishment during 2000.

(3.) According to him, after being brought into regular establishment, he was also granted annual increments immediately, but, the same was discontinued for the subsequent periods. The Government have passed an order in G.O. Ms. No.17, dtd. 3/2/2004, regularising about 800 similarly placed persons by relaxing the rules in their favour. However, the petitioners herein and others were not included, despite they were fully qualified for regularisation. Some of the casual employees employed in the first respondent department approached this Court for grant of annual increment on the basis of their initial appointment between 1998-99, 1999-2000 and this Court passed an order directing the appellants herein to consider the claim of the petitioners therein for grant of annual increment. As the appellants did not comply with the order within the time stipulated by the writ court, a contempt petition was filed.