- (1.) THE Petitioner has focused the instant Writ of Mandamus praying for passing of an order by this Court in directing the Respondents to forthwith regularise his services in the post of Junior Assistant with effect from the date on which he was initially appointed on 31.12.1991 in terms of G.O.(1D) School Education (R1) Department dated 28.09.2009 and the order of the 4th Respondent in Na.Ka.No.4875/A1/2007, dated 28.09.2009 by considering his representation dated 17.09.2012.
(2.) ACCORDING to the petitioner, he was initially appointed to the post of Night Watchman on compassionate grounds on 31.12.1991 at Government High School, Vedanatham, Thiruvannamalai District. His father late M.Subramaniam, served as Office Assistant in the Respondents/Education Department and he died while in service. Later, he applied to the Respondents requesting them to appoint him on compassionate grounds. At the time of applying for the said post, he did not possess S.S.L.C. qualification. Later, he passed the S.S.L.C. examination conducted in October 1991. He was issued with the S.S.L.C. certificate on 31.12.1991. In fact, the 4th Respondent through his proceedings in Na.Ka.No.14058, dated 31.12.1991 appointed the petitioner to the post of Night Watchman. Although, on the date of appointment i.e., on 31.12.1991, he possessed the qualification for the appointment to the post of Junior Assistant, he was appointed to the post of Night Watchman. However, he joined and served in the Respondent/Education Department as Night Watchman till 06.05.2009.
(3.) SINCE he possessed the qualification of S.S.L.C. on the date of appointment, he ought to have been appointed to the post of Junior Assistant. Even as per the clarifications issued by the Government in G.O.Ms.No.1499, Labour and Employment Department dated 03.08.1989, a person appointed to a lower post like Record Clerk and Sweeper on compassionate grounds, but, possessing the qualification required for the post of Junior Assistant at the time of initial appointment to the lower post, may be appointed as Junior Assistant.;