K ANBU Vs. DISTRICT EDUCATIONAL OFFICER THIRUPPATHUR

JUDGEMENT

(1.) ORIGINAL Application No,3370 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No,48103 of 2006, seeking for a writ of Certiorari to call for the records in connection with the above Pro.Na.Ka.No,4704/A1/2000, dated 7.5.2001, of the 1st respondent and consequently Na.Ka.No,50/2001, dated 12.5.2001, of the 2nd respondent and to set aside the same.) Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

(2.) THIS writ petition has been filed praying to call for the records relating to the proceedings of the first respondent, dated 7.5.2001, and the proceedings of the second respondent, dated 12.5.2001, denying the petitioner the benefits conferred in G.O.Ms.No,528, Personnel and Administrative Reforms (Per.F) Department, dated 10.10.1988. The said Government Order had directed that the persons appointed on daily wages basis, through employment exchange to discharge the functions of the posts in the Tamil Nadu Basic service, be appointed against the regular vacancies that may arise in the said posts, on a time scale pay.

(3.) PER contra, the learned counsel appearing on behalf of the respondents had submitted that the petitioner had not challenged the proceedings of the Director of School Education, Chennai, in Na.Ka.No,89803/R.8/2000, dated 15.3.2001, based on which the impugned proceedings have been passed. Further, while issuing the initial appointment order it was made clear that the petitioner would reverted back to his original post, if such appointment is found to be irregular. Further, by the Government Letter No,210/F/95-1, dated 20.1.1995, it was clarified that the Government Order in G.O.Ms.528, PERsonal and Administrative Reforms (PER.F) Department, dated 10.10.1988, shall not apply to appointments made on daily wages, if they had been made on or after 4.3.1993.