LAWS(MAD)-2019-2-322

P.MUTHU Vs. GOVERNMENT OF TAMIL NADU

Decided On February 06, 2019
P.Muthu Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The recruitment notification issued by the 3rd respondent on 07.07.2017 is sought to be quashed and a further direction is sought to absorb the petitioner in the sanctioned posts of Driver on regular basis in the time scale of pay in the existing vacancies.

(2.) The facts in nutshell to be considered for the purpose of deciding the present writ petition are that, the 1st petitioner was appointed as Driver on daily wages basis @ Rs.138/- per day in the place of one S.Wilson, who was working as Mobile Medical Unit Driver on contract basis. The order of appointment dated 01.07.2010, issued in favour of the 1 st petitioner is enclosed in Pg.17 of the Typed Set of Papers. Even as per the order, the 1st petitioner was appointed as Mobile Medical Unit Driver on contract basis at Government Primary Health Centre, Vazhur, Thiruvannamalai District.

(3.) The learned counsel appearing on behalf of the writ petitioners submits that the 1st petitioner is continuing as a contract employee for a considerable length of time and he is entitled for regularisation in the permanent posts of Driver in the Medical Department, however, without considering the case of the petitioner, the respondents have now issued the recruitment notification, which is impugned in the writ petition, for the purpose of filling up the posts of regular Drivers, by way of open competitive process of selection. The writ petitioner is entitled for regularisation and permanent absorption on the ground that he has served for a considerable length of time.