IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.02.2010 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P.No.33634 of 2006 (O.A.No.10299/98) M. SANKARANARAYANAN (died) S. Arumugathammal ** ..PETITIONER **(Petitioner implead as party(by RSJ) by the order of this Court dated 25.02.2010 made in M.P.No.1 of 2010) Vs 1. THE STATE OF TAMILNADU REPD. BY THE SPECIAL COMMISSIONER AND COMMISSIONER FOR REVENUE ADMINISTRATION FORT ST. GEORGE, MADRAS-9. 2. THE DISTRICT COLLECTOR VA.VU.CHIDAMBARANAR DISTRICT. ..RESPONDENTS Prayer: Original Application No.10299 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench issue a direction to the respondent to regularise the service of the petitioner with effect from 18/7/1972 F.N. and post him as Junior Assistant with due seniority with all attendable and monetary benefits. Since the TamilNadu Administrative Tribunal was abolished, the O.A was transferred and numbered as writ petition. For Petitioner : Mr. R. Arulmozhi For Respondents : Mr. S. Sivashanmugam Government Advocate ORDER Original Application No.10299 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench issue a direction to the respondent to regularise the service of the petitioner with effect from 18/7/1972 F.N. and post him as Junior Assistant with due seniority with all attendable and monetary benefits. Since the TamilNadu Administrative Tribunal was abolished, the O.A was transferred and numbered as writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2. The deceased 1st petitioner was appointed as masalchi cum Night Watchman, on 20.12.1971 in the office of the Special Deputy Tahsildar Collector, Tuticorin, by proceedings TR 2-956/71 dated 20.12.1971. He has servind in the said department thereafter for long number of years. By repeated representations and requests he was regularised by an order dated 01.08.1974 with effect from 25.08.1972. The grievance of the petitioner is that he should have been regularised from the date of initial appointment namely 20.12.1971. Since the petitioner was not appointed through the Employment exchange, the Government passed G.O.Ms.No. 940 dated 18.06.1987 regularising the services of the petitioner with effect from the date of the G.O.Ms.940 Dated 18.06.1987. The grievance of the petitioner is that regularisation should be granted from the date of his initial appointment i.e. on 20.12.1971. The claim has not been considered by the appropriate authority in spite of representation dated 01.07.1994. 3. At the time of final hearing of the matter, the learned counsel referred to an earlier decision of this Court reported in (2006) 2 MLJ 339 (V. Perumal Vs. Commissioner and Secretary to the Government, Health and Family Welfare Department, Fort St. George, Chennai and others) to state that relief of regularisation should be granted from the date of appointment. 4. The Original Application has been filed in the year 1998 by the Office Assistant seeking the aforesaid relief. The wife of the deceased has now filed the application to implead herself in the place of the deceased petitioner. The same was ordered in M.P.No. 1/2010 today. 5. The learned counsel for the petitioner submits that the petitioner should be given liberty to make a representation to the first respondent for considering the relief of regularisation from the date of initial appointment in the light of the decision of this Court reported in (2006) 2 MLJ 339 cited supra. Accordingly, petitioner is given liberty to make a representation to the 1st respondent and such representation, as and when given, shall be considered by the 1st respondent in the light to the above referred to decisions and shall be disposed of on merits within a period of 2 months from the date of receipt of such representation. The writ petition stands disposed of. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sms https://hcservices.ecourts.gov.in/hcservices/ To 1. THE SPECIAL COMMISSIONER AND COMMISSIONER FOR REVENUE ADMINISTRATION STATE OF TAMIL NADU, FORT ST. GEORGE, MADRAS-9. 2. THE DISTRICT COLLECTOR VA.VU.CHIDAMBARANAR DISTRICT. + 1 c.c. to Mr. A. Arulmozhi, Advocate. S.R.No.13223. + 1 c.c. to The Government Pleader. S.R.No.13433. W.P.No.33634 of 2006 GV (CO) GSK 29.03.2010. https://hcservices.ecourts.gov.in/hcservices/