R. AYYAPILLAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to the first respondent to regularize the services of the writ petitioner, who is working as Gardener from 1994 (N.M.R.) with all service benefits and grant monetary benefits.

(2.) The learned counsel for the writ petitioner made a submission that the writ petitioner was initially engaged in Nominal Muster Roll (N.M.R.) in the office of the fourth respondent from 01.05.1994. The writ petitioner was engaged as Gardener (N.M.R.) in the respondent / Department and has completed more than 20 years of service without any complaint. The writ petitioner filed O.A.No.5031 of 1998, before the Tamil Nadu Administrative Tribunal, which was subsequently transferred to the High Court and renumbered as W.P.No.43245 of 2006 and in the meanwhile, the Government also issued G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006 and G.O.Ms.No.334, Public Works Department, dated 19.10.2007. Pursuant to these Government Orders, the daily wage employees, who have rendered ten years of service as on 01.01.2006 were brought under the regular establishment. Relying on the said Government Orders, the learned counsel for the writ petitioner states that the case of the writ petitioner was also recommended by the competent authorities. However, no final decision has been taken and the repeated proposals sent by the authorities competent were not even considered by the Government for granting the benefit of regularization to the writ petitioner. For several years, the writ petitioner is waiting for the benefit of regularization and the said benefit has not been extended sofar. Thus, the writ petitioner is constrained to file the present writ petition.

(3.) This apart, this Court also passed an order in W.P.No.43241 of 2006, on 26.03.2009, directing the writ petitioner to submit a fresh representation to the respondents and the respondents were directed to consider the same based on the proposals submitted for grant of regularization. In spite of the earlier orders of this Court, no final orders have been passed by the Government with reference to the proposals submitted by the authority concerned for grant of regularization.