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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
Management of Metropolitan Transport Corporation (Chennai) Ltd. – Appellant
Versus
T. Manokaran – Respondent
| Table of Content |
|---|
| 1. overview of the dispute regarding retrospective permanent status. (Para 1 , 2) |
| 2. summary of rival contentions regarding service regularization and the impact of the 12(3) settlement. (Para 3 , 4 , 5) |
| 3. final determination setting aside the administrative order due to excessive delay and inconsistency. (Para 7 , 8) |
ORDER
This petition has been filed challenging the order dated 01.08.2022 passed in Case No.4027 of 2019 by the 2nd respondent herein and to quash the same as being illegal, arbitrary and without jurisdiction.
2.The case of the petitioner is that the first respondent was initially engaged on a temporary basis as a Reserve Crew Driver on a stop-gap arrangement and was subsequently appointed as a daily wage driver on 24.12.2000. The first respondent was later granted regularisation with effect from 01.07.2006 pursuant to the 12(3) Settlement dated 31.08.2005. It is the further case of the petitioner that, in view of the Government ban order dated 05.07.2001, no fresh appointments or regularisations could be made during the currency of the ban period. After a lapse of 18 years, the first respondent filed a claim petition under Conferment Permanent Status Act
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