The applicant was appointed as Office Assistant on NMR basis from 01.03.1997 by the third respondent Town Panchayat.
2. The first respondent issued a letter dated 13.03.2001 that there is a ban on recruitment of employees on daily wages basis, after 31.12.1996. Based on the letter of the first respondent, the second respondent issued a letter on 30.03.2001 to all the Panchayats to submit a list of persons, who are appointed after 31.12.1996.
3. The third respondent Panchayat submitted its report to the second respondent by its letter dated 03.04.2001 about the persons who were all appointed after 31.12.1996, on daily wages basis. The petitioner is one among them. Though the third respondent submitted its report dated 03.04.2001, all persons, including the petitioner,are continued to work without any hindrance.
4. However, the second respondent sent another memo dated 08.06.2001 to various Panchayats including third respondent. In the said memo, it is stated that the NMRs' appointed after 31.01.1996 should be terminated as per the instructions of the first respondent already referred to above. Therefore, apprehending termination of service, the petitioner filed the Original Application in O.A.402 of 2002 before the Tamil Nadu Administrative Tribunal ( herein after referred to as the Tribunal ) praying for direction to the respondents to regularize his service from 01.03.1997, the date of his appointment with all benefits.
5. While ordering notice of motion on 30.01.2002, the Tribunal passed an interim order, directing the 3rd respondent to engage the petitioner in service, if the work performed by him continues to be available. According to the petitioner, he is in service pursuant to the interim order.
6. Heard Mr.K.Sahul Hamed, learned counsel for the petitioner and Mr.P.Muthukumar, learned Government Advocate for the respondents.
7. Admittedly, the petitioner has been in service for the past 12 years. Though work was available and he was continued in service, he was sought to be terminated on the ground that he was taken in service while there was a ban on recruitment. Now, the learned Government Advocate submits that the ban imposed by the previous Government was lifted by the present Government. Further, the learned counsel for the petitioner has produced G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, wherein, employees on the daily wages basis in all Government Departments, who have rendered 10 years of service as on 01.01.2006, are directed to be regularized, if they otherwise possess the qualifications to hold the post.
8. In the said circumstances, a direction is issued to the first respondent to consider and pass an appropriate order to regularize the services of the petitioner, taking into account the fact that he has rendered 12 years of service and also the fact that the ban on recruitment is now lifted by the Government, based on the G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, within a period of 12 weeks from the date of receipt a of copy of this order.
9. With the above direction, the Writ Petition is disposed of. No Costs.
skn To
1. The Director of Town Panchayat, "Kuralagam"
Chennai - 600 005.
2. The Assistant Director of Town Panchayat Kancheepuram Region Kancheepuram
3. Nandhivaram Guduvancherry Town Panchayat Rep. By its Executive Officer, Chenglepet, Kancheepuram