G.K.SAKTHIVEL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in the present writ petition is to call for the records of the first respondent made in its Letter No.14197/Na.Pa.3/03-8 dated 14.02.2005 and the consequential Letter of the second respondent in Na.Ka.No.C1/8178/2011 dated 20.09.2011 and quash the same and consequently, direct the respondents 1 to 3 to consider the appointment by reinstatement of the petitioners herein as NMRs or Mazdoors in Erode Corporation in any of the vacant posts in any department of the Corporation as per their qualification and consequently, regularize their services by bringing them into regular establishment.

(2.) The case of the petitioners is that they were all employed by the Commissioner of Erode Municipality as Mazdoor and assigned work of implementing the National Malaria Eradication programme and for prevention and control of Malaria in Erode Town. The petitioners worked as such for 3 to 4 years i.e., from 1991 to 1994.

(3.) The learned counsel appearing for the petitioners would contend that the impugned order dated 20.09.2011 is absolutely erroneous since the second respondent had passed the same mechanically without considering the order dated 13.07.2011 passed by this Court in W.P.Nos.23853 & 45780 of 2006 and 22678 & 30553 of 2008. He would further contend that though the petitioners have rendered their service in the respondent Municipality as Mazdoor from the year 1991 to 1994 without any break, the second respondent had rejected the claim of the petitioners. By overriding the order of this Court, the second respondent had passed the said impugned order dated 20.09.2011 and therefore, the same is liable to be quashed. In support of his contention, he relied on paragraph No.16 of the order passed by this Court in W.P.Nos.23853 & 45780 of 2006 and 22678 & 30553 of 2008 dated 13.07.2011 which reads as follows: