Judgment :- The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents to regularise the services of the petitioners in the regular vacancies existing in the cadre of Microscopists with effect from their initial date of appointment with all benefits. 2. The petitioners herein are all working as Microscopists in the Corporation of Chennai on daily wages in the Department of Health (Malaria Wing) since 1997. The petitioners were initially recruited as temporary Action Microscopists on daily wages by the the Corporation of Chennai by Order dated 21.3.1997; the appointments were repeatedly extended with artificial break in service with every 85-90 days; and, they were performing the work of regular staff. The Corporation by its Resolution dated 7.4.1994 decided that in view of the exigency of the situation, it proposed to carry out the work under Malaria and Mosquito Control, and for the existing vacancy, temporary appointments on daily wages have to be made. Accordingly, the petitioners have been appointed temporarily as Microscopists. The petitioners possess all the requisite qualifications to be appointed as Microscopists on permanent basis. The Government passed G.O.Ms.No.125, MA & WS Department, dated 27.5.1999. By that G.O., all the casual workers appointed on daily wages prior to 4.5.1999 shall be included in the list to be prepared for the purpose of regularisation of their services, and the Government also specified the method by which they should be absorbed in the permanent vacancies. The Corporation Council also passed Resolution No.68/2001, dated 4.4.2001, approving the implementation of the G.O. and consequently to appoint the temporary workers on permanent basis. No action was taken to implement the G.O. or the Resolution. Therefore, the Corporation General Employees' Union and others filed W.P.Nos.11909 of 2001 and 10011 of 2002 for implementation of the said G.O. This Court passed an Order of injunction restraining the termination of the temporary workers. The petitioners are working for more than 5 years, but on daily wages. Therefore, the present writ petition. 3. In the counter affidavit, filed by the Commissioner, Corporation of Chennai, it is stated that the individuals were engaged for a period of 85 days from 25.3.1997 to 17.6.1997 and 21.7.1997 to 13.10.1997, and thereafter, they were not employed. The petitioners are working for more than 5 years, but on daily wages. Therefore, the present writ petition. 3. In the counter affidavit, filed by the Commissioner, Corporation of Chennai, it is stated that the individuals were engaged for a period of 85 days from 25.3.1997 to 17.6.1997 and 21.7.1997 to 13.10.1997, and thereafter, they were not employed. In 2001, when the incidence of malaria increased in certain localities, the services of the petitioners were temporarily required and therefore they were appointed on the basis of daily wages. It is not possible to absorb them in a regular vacancies as the Government has banned new appointments due to financial crisis. The said G.O.125 cannot be applied in this case since the G.O. applies only to entry level posts [Clause IV] and the post of Microscopists comes under Clause III category. Further, the G.O. applies only to the persons who were employed prior to 4.5.1999 and continuously working, and it cannot be applied to the petitioners. On 21.8.2001, each of the petitioners individually requested to recruit them as Microscopists on daily wages basis. Later, they were engaged for 85 days from 27.11.2001, after the break of four years. Presently, they are serving only on the basis of interim orders passed by this Court. The Corporation has not framed any norms for the appointment to the posts of Microscopists. Presently, all the posts are filled up by promotion from the Mazdoor and the Head Mazdoor cadre, and they were given training by the Department of Public Health for the malaria and filaria slides, and now they are well experienced in the same field. Even though the petitioners are qualified in Laboratory Technology, they cannot be considered for permanent appointment in view of the ban imposed for filling up the vacancies. The petitioners were appointed temporarily on daily wages, and their request cannot be considered for regular absorption. 4. The learned counsel for the petitioners submitted that G.O.Ms.No.125 applies to the petitioners also. Since they were appointed prior to the date of commencement of the G.O., they are entitled to get benefits of the said G.O. But, the learned counsel for the respondents submitted that a perusal of the said G.O. would show that the benefits of G.O.125 would apply only to those persons working on the date of passing of the G.O. on daily wages in the Corporation. 5. 5. Admittedly, these petitioners were appointed in the year 1997 for two periods of 85 days each. Thereafter, they were not employed for four years. They were appointed only in 2001. On the date of passing of G.O.125, admittedly the petitioners were not in employment (on daily wages). Therefore, the benefits of the G.O. will not be applicable to the petitioners; the G.O. applies only those were continuously being employed on the date of the passing of the G.O. Therefore, they are not entitled for writ of mandamus on the basis of G.O.125 as they are not eligible for the benefits of that G.O. 6. Be that as it may, it is seen that there are vacancies in the post of Microscopists, and that posts are filled up by promotion from Mazdoor and Head Mazdoor categories; and after promotion, training is given to them in this field and after that they are doing the work as Microscopists. It is difficult to conceive how persons who had training and obtained diploma in this particular field have been ignored for appointment to these posts. It cannot be denied that this post required technical expertise. That being the case, ignoring the technically trained persons who have training in this field and appointing 'Mazdoor' and 'Head Mazdoor' to these technical post, by promoting them, and giving training in this field, does not appear justifiable. Apart from that, it also deprives the legitimate expectations and opportunities of those persons who have trained themselves before getting any appointment and waiting to enter the service. When the Mazdoor and Head Mazdoor are already in employment, they need not be given this technical post, especially when there are enough number of qualified persons to fill these posts. Ignoring qualified persons in a field and to appoint some persons who are not already qualified to hold that post and giving them time to acquire such requisite qualification may not be in the interest of administration. It may not also be in the public interest. The Health Department has the responsibility of controlling the spread of malaria and filaria; it is all the more important that the Corporation appoints only technically qualified persons in these posts. 7. It may not also be in the public interest. The Health Department has the responsibility of controlling the spread of malaria and filaria; it is all the more important that the Corporation appoints only technically qualified persons in these posts. 7. Under those circumstances, this Court is of the view that even though the petitioners are not eligible to the benefits of G.O.125, when there are vacancies in these sanctioned posts in the cadre, they are to be filled up. The sanctioned posts cannot be kept unfilled merely because there is a circular banning appointment. This Court in VIVEKA POORANA AIDED ELE. SCHOOL v.. THE DIRECTOR OF ELE. EDUCATION [2004 Writ LR 248] has already held that when the posts were sanctioned as per the Rules, there cannot be any ban by a circular, since the circular cannot over-ride the Rules. Therefore, not recruiting or not filling up the sanctioned post, is not legal. If the Government, for any reason, wants to reduce the cadre strength, that can be done by abolishing certain number of posts. That can be done only by abolishing the posts and not by issuing circulars banning filling up of the posts already sanctioned. 8. In the circumstances, the respondent Corporation is directed to consider the case of the petitioners in the light of this Order and pass appropriate Order within a period of two months from the date of receipt of copy of the order. 9. With the above direction, the writ petition is disposed of. No costs. Consequently, WPMP No.15907 of 2002 is closed.