- (1.) THE petitioner is aggrieved against the order passed by the first respondent, dated 05.07.2002, whereby his claim for regularisation of his service with effect from 24.01.1981 came to be rejected.
(2.) THE case of the petitioner is that he was appointed as Heavy Duty Driver along with 22 others. During the year 1981, in pursuant to the G.O.Ms.No.461, Public Works Department, dated 15.03.1980, the Executive Engineer, Public Works Department, through his proceedings, dated 24.01.1981 appointed the petitioner as Heavy Duty Driver temporarily. Thereafter, his service was regularised by the respondents in pursuant to the G.O.Ms.No.2394, Public Works Department, dated 29.11.1989. However, while granting the regularisation, the respondents have not regularised the service of the petitioner from the date of his initial appointment, but on the other hand, granted only from the date of the said G.O. The petitioner's grievance is that once the respondents have chosen to regularise the service of the petitioner, they should have regularised from the date of the initial appointment and not from the date of passing of the said G.O. The learned counsel appearing for the petitioner contended that when the very appointment itself came to be passed in pursuant to the G.O.Ms.No.461, Public Works Department, dated 15.03.1980, where-under the explanation, certain exceptions have been granted with regard to the qualification of the appointees. He also submitted that similarly situated persons were given the benefit of regularisation from the date of their initial appointment. Therefore, the first respondent is not justified in rejecting the claim of the petitioner, seeking for regularisation with effect from the date of his initial appointment.
(3.) THE 3rd respondent filed a counter affidavit and it is stated therein that the petitioner was initially appointed as Normal Muster Roll (NMR) in the year 1965 and thereafter, he was appointed as Mechanic Grade II in the year 1969. Then, he was appointed as a Cleaner in Cholaiyar Dam Project in the year 1972 and during the year 1977, his service was brought into the regular establishment with effect from 01.01.1977. His educational qualification, at the time of the initial appointment, was 7th Standard Pass. His date of the birth is 01.07.1949. He got the driving licence, while was in service. Since, the petitioner had put in more than nine years of service as Cleaner and having a driving experience of more than two years, with a driving licence, he was appointed temporarily as Heavy Duty Driver by the proceedings of the Chief Engineer, dated 18.11.1980 and he had joined duty on 24.01.1981. His scale of pay was fixed as per G.O.Ms.No.461, dated 15.03.1980. The petitioner, even though, does not possess the required educational qualification of 8th Standard pass, he was appointed as Driver on temporary basis. Thereafter, the Government in G.O.Ms.No.2394, Public Works Department, dated 29.11.1989 relaxed the educational qualification prescribed for the petitioner and 22 others and directed their service to be regularised with effect from the date of passing of the said G.O. Accordingly, the petitioner's service was regularised only from the date of passing of the said G.O. and not from the date of his initial appointment. Therefore, the petitioner is not entitled to seek the present relief.;