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2008 DIGILAW 443 (MAD)

M. Soundararajan Government College of Engineering Bargur & Others v. The Government of Tamil Nadu Rep. By its Secretary to Government Higher Education Department & Others

2008-02-07

PRABHA SRIDEVAN

body2008
Judgment :- The writ petitioners are all Laboratory Assistants who have been recruited through Employment Exchange on daily wages basis during the year 1999-2000. They have been working continuously. Their regularisation proposals were forwarded and they were fully hopeful that their services would be regularised. But however, by the impugned order, the Director of Technical Education called upon the Principal-incharge namely, the third respondent to find out if there were suitable candidates among the retrenched personnel otherwise to recruit by direct recruitment persons sponsored by the Employment Exchange. 2. The learned counsel for the petitioners submitted that since they have completed nine years and now they are all aged and they cannot seek fresh employment, their claim should be considered first. 3. The learned Government Advocate for the respondents took time for getting instructions and would submit that even on their own affidavit, it is seen that they have not completed ten years as on 1. 2006 and therefore, their services cannot be regularised. The petitioners have enclosed several documents in the typed set of papers. Some of them are relevant for this purpose. 4. The learned counsel for the petitioners referred to G.O.Ms.No. 1046, dated 111. 1993, where the persons who have only completed 280 days of continuous service were appointed, but that cannot be cited as a precedent since the said Government Order was issued pursuant to an order passed by the Tamil Nadu Administrative Tribunal and even in the said Government Order, it is made clear that the said order cannot be quoted as a precedent by persons, who are not applicants in the O.A., and such persons cannot claim regularisation, as a matter of right. Therefore, the said order will not help the petitioners. Pursuant to several letters and several representations referring to their plight, the third respondent has addressed a letter dated 13. 2003 in Letter No. 535/Nil/2003 has referred to the importance of the laboratory work of Lab Assistants and the necessity to maintain and to protect the laboratory equipments and stated as follows: and it was also specifically requested that permission may be obtained to appoint these persons on daily wages on a regular basis. .5. This was followed up with other letter No.16/Lab Assistants/2007, dated 110. .5. This was followed up with other letter No.16/Lab Assistants/2007, dated 110. 2007 in which the third respondent further mentions that they had also been sponsored by the Employment Exchange and had been working for eight years and they have also been assisting in the development of laboratory work. .6. The learned Government Advocate along with instructions produced a copy of the G.O.22, personnel and Administrative Reforms (F) Department, dated 22. 2006, which deals with relaxing the services of the employees working on daily wages basis, who have completed more than ten years of service as on 1. 2006 and paragraph-3 of the said G.O., specifically reads as follows: .“3. The Departments of Secretariat may therefore, be directed to pursue action to regularize the services of the daily wages employees working in all Government Departments, who have rendered 10 years of service as on 1. 2006 as ordered in para 2 above in consultation with the respective Heads of Departments wherever necessary. In special cases wherein relaxation of rules is required, proposal shall be sent to Government.” 7. In this case, the Head of the Department-third respondent the Principal has recommended their case and spoken of their expertise and the manner in which they have rendered service for the last eight years. In these circumstances, the writ petition is disposed of directing the Government to consider the question of relaxation of the rules in so, far as the four petitioners are concerned and until such time, not to fill up the posts so that if the rules are relaxed, the petitioners will get the relief prayed for. This order shall be passed within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. No costs.