IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.02.2010 CORAM THE HON'BLE MR.JUSTICE R. SUDHAKAR W.P.Nos. 33737 and 34244 of 2006 1. C. ELUMALAI Petitioner in S/O. CHINNAIYAN, W.P.No.33737/2006 14,CHINNAIAH STREET ULUNDURPET 606 107. 2. R.SHANMUGASUNDARAN PETITIONER in 45/F6 PALAYAPATTU STREET, W.P.No.34244/2006 ULUNDURPET TALUK VILLUPURAM DISTRICT. Vs 1 THE DIRECTOR OF TOWN PANCHAYATS, KURALAGAM, CH-104. 2 THE ASST. DIRECTOR OF TOWN PANCHAYATS, CUDDALORE RANGE,CUDDALORE. 3 THE EXECUTIVE OFFICER ULUNDURPET TOWN PANCHAYAT, ULUNDURPET. RESPONDENTS in Both writ petitions Prayer in W.P.No.33737 of 2006 Original Application No.8944 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction directing To Call for the records of the 3rd respondent in his proc. RC No. A1/794/(B)/98 dt. 22-10-98 and quash the same and direct the respondents to regularise the service of the Petitioner in the category of Basic Servant with all attendant benefits since the Tamil Nadu Administrative Tribunal was abolished, the O.A was received by transfer and numbered as Writ petition. Prayer in W.P.No.34244/2006 Original Application No.8881 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction directing to call for the records of the 3rd respondent https://hcservices.ecourts.gov.in/hcservices/ in his proc.RC No.A1/794/(11)/98 dt.22/10/98 and quash the same and direct the respondents herein to regularise the service of the petitioner in the category of Pipe-line-fitter with all attendant benefits since the Tamil Nadu Administrative Tribunal was abolished, the O.A was received by transfer and numbered as Writ petition. For petitioner .. Mr. N. Kulandaivelu For Respondents .. Mr. B. Vijay, Government Advocate ORDER Original Application Nos. 8944 of 1998 and 8881 of 1998 respectively, were filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction to Call for the records of the 3rd respondent in his proc. No.A1/794/(B)/98 and A1/794/(11)/98 respectively dt. 22-10-98 and quash the same and direct the respondents to regularise the service of the Petitioner in the category of Basic Servant with all attendant benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A was re-transferred and numbered as Writ petition. 2. One of the petitioner R. Shanmughasundaram was working as Pipe-line Fitter and another petitione C. Elumalai was working as Basis Servant. They were terminated from service for want of vacancy. Hence the petitioners filed O.A in the year 1998. An order of interim stay of the order of termination from the service was granted by the tribunal, which continues as on today and hence the petitioners continue to work in the respective Town panchayat. 3. The learned counsel for the petitioner now states that by this time the petitioners have put in long period of service and hence the respondents may be directed to consider their case for regularisation and that the petitioners will make a representation in this regard to the director of Town Panchayat as well as to The Executive Officer, Ulunthurpet Town Panchayat for regularisation the service. 4. Heard Mr. B. Vijay, learned counsel for the respondents. The termination order was on the ground that the petitioners did not have the qualification. Considering the fact that the petitioners have continued in service for a long number of years, petitioners are permitted to make a fresh representation to the third respondent as well as to the first respondent for regularisation of the service based on the merits and the long period of service. The https://hcservices.ecourts.gov.in/hcservices/ competent authority shall consider the same sympathetically, on petitioners merit and ability in discharge of their service so far. The said representation shall be disposed of in accordance with law as expeditiously as possible preferably within 3 months from the date of receipt of such representation. The writ petitions stand disposed of as above. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sms To: 1 THE DIRECTOR OF TOWN PANCHAYATS, KURALAGAM, CH-104. 2 THE ASST. DIRECTOR OF TOWN PANCHAYATS, CUDDALORE RANGE,CUDDALORE. 3 THE EXECUTIVE OFFICER ULUNDURPET TOWN PANCHAYAT, ULUNDURPET. +1cc to Mr.B.Vijay Government Advocate Sr 8086 TRM(CO) km/22.2. W.P.Nos. 33737 and 34244 of 2006 https://hcservices.ecourts.gov.in/hcservices/