PRINCIPAL SECRETARY TO GOVERNMENT Vs. B.SURESH

JUDGEMENT

(1.) Challenge in the instant writ appeal is to the order of the writ court dated 12.01.2017 made in W.P.No.11858 of 2010, by which, the writ court, while quashing the impugned order, dated 10.03.2010, allowed the writ petition filed by the respondent and issued directions to regularise the services of the respondent from the date of initial appointment.

(2.) Short facts leading to the filing of the writ appeals are that the respondent was temporarily appointed under Rule 10(a)(i) of the General Rules, as Steno Typist, on 27.9.1989, in the office of Deputy Registrar, Public Distribution System, Udgamandalam, through employment exchange. He joined the service on 27.09.1989 and working continuously, without any break or adverse remarks. Subsequently, he participated in the competitive examination conducted by TNPSC for the post of Steno Typist and was selected. He was appointed as Steno Typist on 24.8.1994, the date on which he joined service, as Steno Typist on permanent basis.

(3.) The respondent was relieved from the erstwhile office on 23.8.1994, ie., previous day of appointment, and on the very next day, without any break, he joined service as Steno Typist, on permanent basis. On 12.10.1994, the respondent has sent a representation to the appellants to regularise his period of service from 27.9.1989 to 23.8.1994, by counting the said period, for the purpose of all service benefits including seniority, pay fixation, increment etc. Though his request was rejected by the Additional Collector, Nilgiris District, he again sent a representation on 03.07.1995, to the Commissioner of Rural Development and Panchayat Raj, Chennai, second appellant herein, for the very same relief. In the mean time, his probation was declared as satisfactory, in November' 1996. The second request was rejected on 13.1.1997.