SECRETARY ASSEMBLY SECRETARIAT Vs. S. MATHIVANAN

JUDGEMENT

(1.) The respondents entered the Legislative Assembly Service, Puducherry, through backdoor and managed to continue in spite of their appointment on co-terminus basis coming to an end long back. The Writ Petitions filed by the respondent to condone the artificial break and regularize their services were allowed by the learned Single Judge by order dated 16 February 2008. The appellants without challenging the said order, complied with the direction, by creating posts and accommodating the respondents. The respondents thereafter filed a contempt petition in C.P.No.895 of 2015, claiming retrospective regularization and back wages. The appellants immediately filed these intra court appeals challenging the very order dated 16 February 2008 in W.P.No.11144 of 1996 and directing regularization.

(2.) The intra court appeal was filed with a miscellaneous petition to condone the delay. The learned counsel for the respondents entered appearance in the miscellaneous petitions and filed an affidavit that the respondents would not claim back wages and their request is only to count the past service for calculating the total service for pension. We, therefore, with the consent of the respondents condoned the delay and directed the Registry to register the intra court appeal. The appeal is on board today.

(3.) The learned Special Government Pleader appearing on behalf of the appellants contended that even though the initial appointment was not through a fair and transparent process, still the Government implemented the order passed by the learned Single Judge by creating sufficient number of posts of Lower Division Clerk. According to the learned Special Government Pleader, there is no question of either giving the benefit of the earlier service or back wages to the respondents. Similarly, they are not entitled to count the earlier service for the purpose of pension. It was further contended that the respondents are not entitled for pension in view of the order regularizing their service after the cut off date.