STATE OF TAMIL NADU Vs. N. SELVARAJ

JUDGEMENT

(1.) This Writ Appeal by the State is directed against the order passed in W.P.(MD) No.19870 of 2013, dated 01.12.2016.

(2.) The respondent filed the said Writ Petition praying for issuance of a Certiorarified Mandamus, to quash the order passed by the first appellant and to direct the appellants to regularize the respondent's service in the cadre of Work Inspector Grade - II from 01.07.1990 with all attendant monetary benefits within a time frame.

(3.) The case of the respondent is that after completion of his SSLC on 29.03.1970, he registered his name with the employment exchange, based on his employment seniority, his name was forwarded to the office of the appellants and he was appointed as Head Mazdoor on 04.03.1980. Upon completion of 10 years of service, the respondent was brought into time scale of pay. The Superintending Engineer of the second appellant department by letter dated 11.07.1990 recommended that the respondent should be regularized in the post of Works Clerk Grade - I. Subsequently, the recommendation was altered by letter dated 24.07.1990, recommending that the respondent should be regularized as Work Inspector Grade - II. There was a further revised recommendation dated 15.11.1995, recommending that the respondent should be regularized in the post of Works Clerk Grade - I. Immediately, the respondent submitted a representation stating that he should be regularized as Work Inspector Grade - II. Considering the said representation, the Superintending Engineer revised his recommendation by letter dated 23.09.1996, recommending that the respondent be regularized as Work Inspector Grade - II. The respondent service was regularized as Head Mazdoor with effect from 01.07.1990 vide G.O.Ms.No.392, Public Works Department, dated 19.06.1998. Subsequently, the respondent submitted a representation that he should be regularized as Work Inspector Grade - II. However, the same was rejected by second respondent. This order was put to challenge by the respondent by filing O.A.No.7608 of 2001 before the Tamil Nadu Administrative Tribunal. After abolition of the Tribunal, the original application was transferred to the High Court and re-numbered as W.P.No.4399 of 2007. The said Writ Petition was disposed of by order dated 24.04.2008 with a direction to the appellants to consider the representation submitted by the respondent and pass orders taking note of the order passed in favour of one A.Subramanian in G.O.Ms.No.297, Public Works Department, dated 14.09.2007. When the said representation was pending, the respondent retired from service as Head Mazdoor (Special Grade) on 30.11.2010. It is the further case of the respondent that he fulfilled the educational qualification for the post of Work Inspector Grade II on account of an order passed by the Government waiving the requirement for possessing Bifurcated Engineering Course. Therefore, the respondent contended that he should have been regularized as Work Inspector Grade - II and he should have been extended all consequential benefits.