R.NEHRU Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the respondents to regularise the services of the writ petitioner by absorbing him in the sanctioned post of Salai Paniyalar in Highways Department with effect from 1.1.2006.

(2.) The learned Counsel for the writ petitioner states that the writ petitioner was engaged as daily wage employee during the year 1990 and was serving for about 24 years. Learned Counsel for the petitioner further states that the Government issued G.O.Ms.No.22 P & AR Department dated 28.02.2006, stating that the daily rated employees who have completed 10 years of service are eligible for regularisation in the sanctioned post in the regular time scale of pay. The petitioner states that the cases of the similarly placed persons were considered by this Court and accordingly, the benefit of regularisation and permanent absorption were granted. Thus, by virtue of G.O.Ms.No.22, the case of the writ petitioner is also to be considered for grant of regularisation.

(3.) Learned Government Advocate appearing on behalf of the respondent states that the statement of the writ petitioner in the affidavit is incorrect and false. He has not served for 24 years as stated in the affidavit. In fact, the writ petitioner had worked only as daily wage employee - NMR, under the Divisional Engineer - Highways & Rural Works, Madurai Division. The service details of the writ petitioner has been entered in paragraph No.3 of the counter which is extracted hereunder: