LAWS(MAD)-2019-6-316

P.VENKATACHALAM Vs. STATE OF TAMIL NADU

Decided On June 27, 2019
P.VENKATACHALAM Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The order of rejection passed by the first respondent dated 24.03.2014 and the consequential order passed by the third respondent dated 29.05.2014 are sought to be quashed in the present Writ Petition. Further, a direction is sought for to regularise the service of the writ petitioner with effect from the date of initial engagement as daily wage employee on 01.03.1994 for the post of Watchman / Office Assistant with reference to the Government Order in G.O.Ms.No.78, Agriculture (Ve.Ni.) Department, dated 25.04.2011.

(2.) The writ petitioner was engaged as Watchman on daily wage basis. The order of appointment, which is enclosed in page No.6 of the typed set of papers filed along with the present Writ Petition, unambiguously states that the writ petitioner was appointed as Night Watchman for daily wage at Rs.12 per day. The order of appointment clearly states that the appointment was purely on temporary basis and at any point of time, his service will be terminated. Accepting the terms and conditions, the writ petitioner accepted the offer of appointment and served as daily wage employee and retired from service, on attaining the age of superannuation on 28.02.2006.

(3.) The learned counsel appearing for the writ petitioner states that the name of the writ petitioner was placed in the proposal on earlier occasions. The Government has also passed an order in G.O.Ms.No.399, Agriculture (Ve.Ni.) Department, dated 22.12.2006. The said Government Order states that the services of this writ petitioner are to be regularised. The Government Order in G.O.Ms.No.399, Agriculture (Ve.Ni.) Department, dated 22.12.2006, enumerates that the daily wages employees are to be regularised from the date of the Government Order and the recruitment rules in this regard. In other words, by granting relaxation of rules, the Government granted benefit of regularisation to 9 daily wages employees, including this writ petitioner.