GOVERNMENT OF TAMIL NADU Vs. C.JOTHIMANI

JUDGEMENT

(1.) Challenge in this appeal to an order made in W.P.No.14324 of 2011, dtd. 14/3/2018, by which the Writ Court, set aside the orders passed by the Government of Tamil Nadu, represented by the Principal Secretary to the Government, Rural Development and Panchayat Raj Department, Chennai and Collector, Sivagangai District, the first and third respondents therein in Lr.No.17458/E7/2009-9 and P3/67542/2008, dtd. 16/8/2010 and 27/8/2010 respectively, and respondents therein, have been directed to regularise the service of the petitioner therein, as Junior Assistant with effect from 5/2/1977 and grant him all attendant benefits, within a period of eight weeks from the date of receipt of a copy of the order.

(2.) Short facts leading to the appeal are that the respondent herein was appointed as a Record Clerk in Singampunari Panchayat Union, Ramnad District, on regular basis on 10/5/1973. Subsequently, his probation period was declared on 10/5/1975. On 21/5/1975, respondent was temporarily promoted as a 'Junior Assistant'. On 25/2/1976, he was reverted as 'Record Clerk' for want of vacancy.

(3.) Thereafter, on 18/8/1976, G.O.Ms.No.1700, Rural Development and Local Administration Department was issued, directing that the existing Tamil Nadu Panchayat Union Establishment (Appointment and Punishment) Rules, 1965, would be applicable till the Tamil Nadu Ministerial Services Rules were amended. On 5/2/1977, the respondent was promoted as a Junior Assistant, on regular basis, under the Tamil Nadu Panchayat Union Establishment (Appointment and Punishment) Rules, 1965. Subsequently, on 9/3/1977, G.O.Ms.No.422 Rural Development and Local Administration Department, was issued amending the Tamil Nadu Ministerial Service Rules, by providing that the post of Junior Assistant to be filled up by direct recruitment through Tamil Nadu Public Service Commission. On 22/5/1989, Government have issued further orders in G.O.Ms.No.282 Rural Development Department, directing that (i)Junior Assistants with 5 years of service in the post of Record Clerk shall be regularised with effect from date of appointment in the post of Junior Assisant (ii) Junior Assistants with less than 5 years of service in the post of Record Clerk shall be regularized with effect from the date of completion of 5 years of service and certain directions were also issued in the said G.O. in respect of direct recruitment which have no bearing on the issue of the writ petition.