S.MARIAPPAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The order of rejection dated 04.02.2014 rejecting the claim of the original writ petitioner for grant of regularization and permanent absorption is under challenge in the present writ petition.

(2.) The impugned order passed by the Principal Chief Engineer states that the original writ petitioner had not completed 10 years of service as on 01.01.2006 so as to grant the benefits of G.O.Ms.No.22 as well as the modified Government Order issued in G.O.Ms.No.74. This apart, the initial recruitment was not made through the District Employment Exchange and the relevant Rules were not relaxed in favour of the original writ petitioner. Thus as per the terms and conditions stipulated in G.O.Ms.No.74, the benefit of regularization and permanent absorption cannot be granted.

(3.) Challenging the said rejection order, the learned counsel for the writ petitioner made a submission that the original writ petitioner passed away and the wife of the original writ petitioner is now impleaded as the writ petitioner. The husband of the writ petitioner was engaged as Mazdoor on daily wage basis(NMR) from the year 1990 and not otherwise. The original writ petitioner had completed more than 10 years of service. The Department of Public Works Department also had take a decision to grant the benefit of regularization and permanent absorption in respect of the employees appointed on daily wage basis in the Public Works Department. Even proposals were submitted to consider the case of the original writ petitioner. Earlier the writ petitioner filed W.P. (MD).No.11764 of 2007 and this Court had passed an order on 13.11.2011, directing the respondent to consider the representation submitted by the original petitioner within a period of 12 weeks. Pursuant to the direction issued by this Court, the impugned order has been passed rejecting the claim of the original writ petitioner for regularization and permanent absorption.