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2012 DIGILAW 2877 (MAD)

S. Palanivel v. Superintending Engineer Kheez Kaveri Basin Circle (PWD)

2012-07-06

VINOD K.SHARMA

body2012
Judgment :- 1. This order shall dispose of W.P.Nos.5833/2007 and 5837/2007 as the common question of law and facts are involved in these writ petitions. 2. For the sake of brevity, facts have been taken from W.P.No.5833 of 2007. 3. The petitioners have approached this Court with the prayer for issuance of a writ in the nature of mandamus, directing the respondents to regularise the service of the petitioners. 4. The submission of the petitioners is that the petitioners were appointed as Nominal muster roll employee in the respondent department on 01.08.1999. The petitioners are fully qualified to hold the post of Mazdoor Grade I and therefore, entitled to be regularised in view of the order dated 20.07.1989 in O.A.No.119 of 1989 passed by the learned Tamil Nadu Administrative Tribunal directing the Government to regularise the N.M.R. employees who have put in ten years of service. 5. It is submitted that subsequently on application filed by the Union, it was directed that persons who have put in five years of service be also regularised without resorting to open market recruitment. 6. The directions on which reliance has been placed by the petitioners are contrary to the law laid down by the Hon'ble Supreme Court in Uma Devi case, therefore cannot be said to be a good precedent. 7. Even otherwise, this Court is not bound by the orders passed by the learned Tamil Nadu Administrative Tribunal, which cannot stand the test of legal scrutiny. The petitioners have not placed on record any rules or Government order to regularisation of service on completion of 5 years of service as N.M.R. Employee. No merit. "Dismissed". No cost.