LAWS(MAD)-2019-7-276

S.BALACHANDRAN Vs. GOVERNMENT OF TAMIL NADU

Decided On July 05, 2019
S.BALACHANDRAN Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The writ petitioners were initially engaged as Drivers for the purpose of granting relief to the Tsunami victims. The payment was made through Tsunami Relief Fund and the writ petitioners were allowed to continue as project employees on temporary basis. The writ petitioners were admittedly, engaged for Tsunami Relief and Rehabilitation Works in Kanniyakumari District Revenue Unit. On account of the fact that the writ petitioners were allowed to continue as temporary employees, they made a claim for permanent absorption. The claim of the writ petitioners was rejected by the competent authorities on the ground that they were not appointed by following the recruitment rules in force and further, they were engaged as temporary employees in a project namely, Tsunami Relief and Rehabilitation Works.

(2.) This being the factum, the writ petitioners cannot claim regularisation or permanent absorption, merely on the ground that they were allowed to serve as temporary employees for few years.

(3.) The learned Government Advocate appearing on behalf of the respondents states that the writ petitioners are not working as of now. After the completion of the project works, the writ petitioners were relieved from service during the year 2009. The Writ Petition itself was filed during the year 2014, after a lapse of 5 years from the date of relieving of the writ petitioners from the temporary post of Driver.