D SRINIVASAN Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of Constitution of India praying to issue a WRIT of Certiorarified Mandamus to call for the records Na.Ka.No.138/2002 dated 6.7.2002 on the file of the 1st Respondent and quash the same and direct the 1st Respondent to regularise the service of the Petitioner as tractor driver of Acharapakkam Town Panchayat and direct the 1st Respondent to pay regular time scale appointment order as tractor driver to the Petitioner with effect from 7.12.1999 with service and monetary benefits. Petitioner seeks WRIT of Certiorarified Mandamus to quash the orders of the 1st Respondent in Na.Ka.No.138/2002 dated 06.07.2002 and direct the 1sr Respondent to regularise the services of the Petitioner as tractor driver of Acharapakkam Town Panchayat.

(2.) PETITIONER was appointed as Sanitary Worker in a permanent vacancy w.e.f. 15.10.1999. Since PETITIONER had possessed driving licence, 1st Respondent has appointed the PETITIONER from the post of Sanitary Worker to the post of Tractor Driver on a consolidated pay and permitted the PETITIONER to drive the vehicle from 07.12.1999 and the same was entered in the Service Register of the PETITIONER. PETITIONER has been working as driver since 07.12.1999.

(3.) BAN was now lifted by the Government. Subsequent to lift of ban, Petitioner's application was taken for consideration. In the counter filed by the 1st Respondent on 03.8.2007, it was stated that request of the Petitioner for appointment in the post of Tractor Driver can be considered by 1st Respondent - Town Panchayat.