V SUBRAMANIAN Vs. COMMISSIONER SERICULTURE DEPARTMENT SALEM

JUDGEMENT

(1.) THE writ petition is filed against the proceedings of the 1st respondent in his Na.Ka.No.851/G.3/2008 dated 22.01.2008 to quash the same and to direct the respondents to reinstate him and to regularise him in service in the time scale as per G.O.Ms.No.22, Personnel and Administrative Reforms department dated 28.02.2006 with all consequential benefits.

(2.) THE petitioner was after completing his +2 in 1981 appointed on 11.04.1999 by the 2nd respondent/Assistant Director of Sericulture as NMR on daily basis in Government Cocoon Market, Dindigul. THE petitioner was one of the candidates sponsored by the employment exchange and the petitioner was appointed only after holding personal interview and has been continuously working as NMR from 1991. While so, the petitioner was at the instruction of the 2nd respondent not allowed him to work on 22.03.2004 and the petitioner's efforts to represent to the 2nd respondent to permit him to rejoin duty were in vein. Further representations to the Labour Officer and to the Commissioner of Labour during 2004 to 2005 and to the Commissioner of Sericulture and Chief Minister Special Cell were also of no avail. As a result, the petitioner was constrained to file W.P.No.10848 of 2007 and the same was disposed of on 20.12.2007 with direction issued to the 1st respondent/Commissioner of Sericulture department to duly consider and dispose of the petitioner's representation and the same is followed by the impugned order dated 22.01.2008 rejecting the petitioner's representation on the ground as the petitioner was not in employment as required under G.O.Ms.No.22, dated 28.02.2006, the petitioner is not entitled to claim the benefit of regularisation as per the same.

(3.) I have considered the rival submissions made on both sides.