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2011 Supreme(Mad) 11

M.JAICHANDREN
M. Bosco – Appellant
Versus
The District Collector – Respondent


Advocates Appeared:
For the Petitioner:P. Ganesan, Advocate.
For the Respondents:R1 - S. Gopinathan, Additional Government Pleader, R2 - V. Manoharan, Advocate.

JUDGMENT :-

1. It has been stated that the petitioner was employed in the Yercaud Town Panchayat, as a chain-man, by an order passed by the District Collector, Salem, on 5.12.1991. By an order of the first respondent, dated 4.8.1997, he was brought under the employment of the Yercaud Panchayat Union.

2. It had also been stated that the petitioner had been appointed, as a chain-man, on a regular basis, as he was fully qualified for the said post. The petitioner's appointment had been made, after his name had been sponsored by the concerned Employment Exchange.

3. It had also been stated that, after the petitioner had rendered 10 years of service, he was given the selection grade, in the year, 2001. While so, the first respondent had passed the impugned order, dated 18.1.2006, stating that his employment would be subject to the availability of work, in spite of the fact that the petitioner's employment was a permanent nature. Therefore, the impugned order of the first respondent, dated 18.1.2006, is arbitrary, illegal and void.

4. An additional counter affidavit has been filed on behalf of the first respondent. Paragraph No.5 of the additional counter affidavit reads as follows:

"5. It is


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