S.SIKKANDAR Vs. ENGINEER-IN-CHIEF (BUILDINGS)

JUDGEMENT

(1.) This Writ Petition has been filed challenging the order dated 13.06.2012 and the consequential order passed by the 2nd respondent dated 10.08.2012 refusing to regularise the service of the petitioner, who was employed as Work Inspector Grade I in the respondents department.

(2.) According to the petitioner, he was appointed as Maistry in the year 1960 under the work-charged establishment of the 1st respondent, and his services was regularised on 24.11.1970. Subsequently, the 2nd respondent, in and by its proceedings dated 18.08.1971 passed an order redesignating the post as Work Inspector Grade I, bringing him under the State Subordinate service with effect from 24.01.1970. Even though the petitioner service was regularised with effect from 24.11.1970, he was not paid with the scale of pay applicable to the post of Work Inspector Grade I. Hence, the petitioner was constrained to file an application before the Tamil Nadu Administrative Tribunal in O.A.No.5498 of 1996, and the above Original Application was transferred to this court, and this Court by an order dated 03.08.2009 passed an order directing the respondents to consider the petitioner's request and to decide whether he is entitled to be regularised and to fix the scale of pay based on the appropriate Government Order.

(3.) Subsequently, the 2nd respondent, the appointing authority in and by its proceedings dated 31.05.2011, was pleased to place the petitioner as Work Inspector Grade I, with effect from 24.11.1970, and also revised his pay proposal. Thereafter, the petitioner's pension proposals sent to the 3rd respondent Principal Accountant General of Tamil Nadu, but it was returned with a direction to send the proposal after his retirement of service. Thereafter, once again the proposal was sent to the 1st respondent and the 1st respondent referring the Government Order passed in G.O.Ms.No.250 rejected the petitioner's claim on 21.03.1994, consequently the 2nd respondent passed the impugned order rejecting the petitioner's request. Now, challenging the same, the present Writ Petition has been filed by the petitioner.