A P GOVINDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER seeks Writ of Mandamus directing the Respondents to regularise the PETITIONER's services and absorb the PETITIONER as Central Government employee with effect from 01.07.1978 in the office of the 3rd respondent - Official Liquidator with all attendant benefits and other emoluments attached thereof.

(2.) PETITIONER was working in Suvarna Chit Funds and Financing Company Private Limited which went into liquidation. PETITIONER was posted in the office of the 3rd respondent from 04.01.1978 for the purpose of updating the accounts for preparing statement of affairs of the said company. Later by the office order dated 01.07.1978, PETITIONER was appointed as Estate Clerk on consolidated remuneration of Rs.200/- per month. According to PETITIONER he has been discharging his duties as Estate Clerk from 01.07.1978. PETITIONER was promoted as Estate Inspector from 06.05.1983 and was again promoted as Estate Technical Assistant with effect from 01.11.1987 and is working as Estate Assistant.

(3.) LEARNED counsel for the Petitioner contended that the Staff Selection Commission (SSC) has indicated the cut off date as 04.11.1978 and the case of the Petitioner falls within the cut off date. It was further argued that the panel of southern region was prepared without reckoning the Petitioner's date of appointment i.e 01.07.1978. Placing reliance upon the communication from Ministry of Law, Justice and Company Affairs, Department, the learned counsel for the Petitioner Mr.Pl.Narayanan mainly contended that the seniority of the Petitioner has to be reckoned from 01.07.1978.