STATE OF TAMIL NADU Vs. S.JOHN CHARLES

JUDGEMENT

(1.) Introductory:- The learned Single Judge quashed clause 6 of the Government Order in G.O.Ms.74, Personnel and Administrative Reforms (F) Department, dated 27 June 2013 and issued an order in the nature of a declaration that the petitioners in the writ petitions were entitled to regularization, on completion of ten years of service by virtue of the Government Order in G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department, dated 28 February 2006. Feeling aggrieved by the common order dated 22 September 2017, quashing the Government Order in G.O.Ms.No.74, which was issued in supersession of the order in G.O.Ms.22, the State has come up with the intra court appeals.

(2.) The facts in brief :- The respondents herein filed writ petitions before the writ court challenging Clause 6 of the Government Order in G.O.Ms.74, Personnel and Administrative Reforms (F) Department, dated 27 June 2013 on the ground that the benefits given under the earlier order in G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department, dated 28 February 2006 could not be taken away by issuing a later Government Order as the same would attract the principle of Legitimate Expectation.

(3.) Before the writ court, the respondents contended they were initially appointed as casual labourers/NMRs and the employment was continuous and uninterrupted. The respondents made a claim that on account of the completion of 10 years of service, they are eligible for regularization in accordance with the Government Order in G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department, dated 28 February 2006. It was further contended that even before the issuance of the Government Order in G.O.Ms.74, Personnel and Administrative Reforms (F) Department, dated 27 June 2013, the concerned employees completed 10 years of service and therefore, it was not correct on the part of the Government to withdraw the benefits by issuing another order at a later point of time.