- (1.) THE Original Application in O.A.No.1086 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as "the Tribunal") is now Writ Petition in W.P.No.5703 of 2007 before this Court.
(2.) HEARD Mr. V. Gangatharan, learned counsel for the petitioner and Mrs. C.K. Vishnu Priya, learned Additional Government Pleader for the respondent. The petitioner was sponsored by the District Employment Officer, Chennai -600 020 through his letter dated 21.05.1988 for the post of Substitute Worker in the Respondent Establishment. He was selected and included in the list of Substitute Workers and posted to work in the leave vacancies of basic servants. While so, the petitioner was appointed, as Gardener, on regular basis in the scale of Rs.750-12-870-14-940 by the respondent by an order dated 01.04.1992. However, the respondent passed an order dated 11.03.1994 terminating the services of the petitioner to accommodate one Thiru. T. Murugan, whose removal from service, was set-aside by the Tamil Nadu Administrative Tribunal. The reason stated in the said order dated 11.03.1994 for termination was that the petitioner was the junior most among the basic servants.
(3.) THE petitioner filed O.A.1589 of 1994, questioning the aforesaid order dated 11.03.1994. He filed M.A.No.1146 of 1996 in O.A.No.1589 of 1994 seeking for a direction to respondent to consider him in the vacancies, that were available, pending disposal of the Original Application. THE Tribunal passed the following order in M.A.1146 of 1996, on 19.05.1996,"THE applicant claims that there are vacancies and he may be considered for appointment in the same. If the applicant is eligible for consideration and if there are vacancies, the respondent shall consider the applicant for appointment in those vacancies. This Miscellaneous Application is ordered as above.". Based on the aforesaid interim order of the Tribunal, the petitioner was appointed as a Watchman belonging to Basic Service, from 03.02.2000. The order dated 11.02.2000 of the respondent states that the petitioner reported for duty as Watchman on 03.02.2000.;