R. Venkatesh v. The Secretary to Government P & AR Department, Fort. St. George, Chennai
2010-08-16
K.B.K.VASUKI
body2010
DigiLaw.ai
Judgment :- On consent, the writ petition is taken up for final hearing. 2. The prayer sought for in the writ petition is to issue appropriate directions to the respondents to extend the benefit of the G.O. Ms. 24 dated 02.03.2006 to the petitioner by providing suitable employment in the Government, Local Bodies and Public Sector Undertakings as per his representation dated 26.11.2009. 3. The petitioner was sponsored through District Employment Exchange and was appointed as Junior Assistant cum Typist for taking Census on consolidated pay in the Taluk Office, Mayiladuthurai. The petitioner was after completion of census work, discharged from service during 2001. 4. According to the petitioner, the Government has issued G.O. Ms. No.209, P & AR Department, dated 23.11.2001 and subsequent G.O. Ms. 24 dated 02.03.2006 to strictly adhere to the instructions issued in the earlier G.O. As per the G.Os above referred to absorption orders were issued to the census employees retrenched during 1991 and he being one or the similarly placed persons is entitled to have the benefits of the G.Os. The petitioner has also on earlier occasion approached our High Court for the same relief and our High Court has by order dated 12.10.2007 made in W.P. No.33209 of 2007 directed him to send representation to the third respondent in this regard and the third respondent is directed to consider the same and to pass appropriate order. 5. In pursuance of the same, the petitioner has submitted his representation to the Director of Census who was arrayed as the third respondent in the earlier writ petition. However, the third respondent declined to consider the petitioner’s request as per his communication dated 05.11.2009 in No. 6894/08-09-Admn. Wherein the petitioner was informed that the office of the Director of the Census operation is not involved in any recruitment process and the same is abandoned by the State Government and the matter is to be taken up to the concerned authority. The petitioner has in pursuance of the same forwarded his representation to the respondents 1 and 2 on 26.11.2009.
The petitioner has in pursuance of the same forwarded his representation to the respondents 1 and 2 on 26.11.2009. The petitioner has in his representation explained in detail that the petitioner was originally appointed on consolidated basis in the particular post for a particular purpose and after the completion of census, he was discharged from service and as to how he should be absorbed on par with other juniors who are already absorbed in service by extending the benefit of the G.Os as above referred to. The petitioner has in his representation requested the authority concerned to provide him any suitable Government job. The representation was not responded and such failure of the authority concerned to duly consider his representation compelled the petitioner to approach this Court by way of Contempt Application for non-compliance of the earlier direction and by way of present petition for issuing appropriate direction to the authorities concerned. 6. The learned counsel for the petitioner has in the course of hearing today appealed to this Court that the respondents/appropriate authority may be directed to consider her application as expeditiously as possible to relive him from his sufferings of non employment and to have an earning to sustain his family members. 7. Per contra, the learned Additional Government Pleader has drawn the attention of this Court to the judgment dated 28.02.2009 made in batch of writ petitions in W.P. No. 24771 of 2006, W.P. Nos.30052 to 30056 of 2007 and W.P. No.12118 and 12119 of 2007 wherein one of the points arose for consideration of this Court is as to whether G.O. Ms. No.209 dated 23.11.2001 is applicable for retrenched employees of census department and the same is discussed at para 20 of the judgment. Our High Court has after considering the relevant issue is pleased to hold that there is no right accrued to the retrenched employees and what is given in the G.P. is only a concession and the same cannot be extended to the petitioners therein who had served only in the Census Department and to those who failed to apply to Tamil Nadu Public Service Commission as and when steps were taken for filling up the vacancies.
It is clearly held by our High Court that the petitioners cannot be absorbed in the post which come under the purview of Tamil Nadu Public Service Commission without undergoing the process of selection competing with that individuals having better qualification. By observing so the High Court is pleased to negative the claim of the petitioners for their absorption against the posts which come under the purview of Tamil Nadu Public Service Commission. However, the High Court is pleased to consider the claim of the petitioners, with reference to their qualification for their absorption in the posts which come under Group IV. 8. I am of the considered view, the petitioner being one of the similarly placed persons can also be extended similar benefit for being considered in the same manner for any posts coming under Group IV. 9. In the result, the first respondent is directed to considered her petitioner’s representation dated 26.11.2009 for being appointed to any post falling under Group IV, if he is found otherwise suitable and qualified. 10. With this observation, the writ petition is disposed of. No costs. Consequently, connected M.P. is closed.