M. Anbazhagan v. Secretary to Govt. Personnel & Administrative Reforms (P) Dept. Chennai
2013-03-13
P.R.SHIVAKUMAR
body2013
DigiLaw.ai
Judgment :- 1. Heard both sides. 2. Long back in 1999 itself, the Hon'ble Supreme Court passed orders for framing a scheme for reabsorption of the retrenched employees of census operation in Tamil Nadu. Pursuant to the interim order of the Supreme Court dated 01.03.1999, the Government passed an order in G.O.Ms.No.144, P & AR dated 11.08.1999 containing the following clauses: "(i) Retrenched employees of the Census Operation in Tamil Nadu with not less than six months service were placed in priority. (iii) list under Group III for employment assistance through Employment Exchanges. (ii) A period of three years was ordered to be excluded in computing their age of appointment through the Tamil Nadu Public Service Commission and the Employment Exchanges, provided they had rendered temporary service of at least six months in the Census Organisation of the State. (iii) The rule of reservation was to be followed in making the appointment of retrenched census employees." 3. Considering the condition numbers 1 and 2 to be unacceptable, the Supreme Court issued a clarification directing the State Government to modify the scheme in respect of those two conditions made by the Tamil Nadu Government in G.O.Ms.No.144, P & AR., dated 11.8.1999. The scheme was modified in respect of the above said conditions 1 and 2, which were considered to be unacceptable by the Hon'ble Supreme Court. The modifications made in G.O.Ms.No.144, P & AR., dated 11.08.1999 were as follows: "(a) All the retrenched employees of Census Organisation shall be placed in priority (iii) list under Group IV for employment assistance through Employment Exchanges for sponsoring against the vacancies arising in State Government, Local Bodies and Public undertakings. (b) The retrenched employees of Census Organisation shall be exempted from the age limit prescribed in the relevant service rules governing the posts in which they are to be appointed. This concession shall apply only to the retrenched employees of 1991 Census." 4.
(b) The retrenched employees of Census Organisation shall be exempted from the age limit prescribed in the relevant service rules governing the posts in which they are to be appointed. This concession shall apply only to the retrenched employees of 1991 Census." 4. While accepting the second clause of the modification of the Government Order, the Hon'ble Supreme Court held the clause (a) of the said Government order to be unreasonable and directed that the proper course for the State Government to be adopted would be to consider the case of the retrenched employees of the census operation in a separate category and work out a scheme to fit them against appropriate posts in appropriate department in the State Government, local bodies and Public Undertakings without insisting upon such retrenched employees being sponsored by the employment exchanges. Clause (b) of the modification G.O was left untouched as the Hon'ble Supreme Court held the same was to be in conformity with the order of the Hon'ble Supreme Court. 5. Such an order came to be passed by the Hon'ble Supreme Court on 29.08.2001 in Contempt Petition (Civil) No.103 of 2000 in Civil Appeal No.810 of 1998. While disposing of the said contempt petition with the above directions, the Hon'ble Supreme Court ordered that the directions should be complied with within three months from the date of the order. Of Course, the Government of Tamil Nadu issued a Government Order in G.O.Ms.No.209, Personnel & Administrative Reforms (P) Department dated 23.11.2001 directing implementation of the direction of the Supreme Court. But the said order remained in paper for a couple of years without any progress. Again in 2003, the Government of Tamil Nadu passed yet another Government order in G.O.Ms.No.246, Personnel & Administrative Reforms (P) Department dated 29.08.2003 stating that there were 481 retrenched census employees of 1991, who were to be absorbed and directing all the Heads of the Department, Chief Executive Officers of the Public Sector undertakings in Chennai as well as the Districts and also District Collectors to take necessary steps for the absorption of those retrenched census employees of 1991 and report compliance to the Government . In the said Government order, the Director of Census Organization, Tamil Nadu was also directed to coordinate with the Heads of the Department and the District Collectors.
In the said Government order, the Director of Census Organization, Tamil Nadu was also directed to coordinate with the Heads of the Department and the District Collectors. However, the said order again proved to be a lip service without being implemented in its letter and spirit and thereby, the retrenched census employees of 1991, who did not get orders of appointment as per the scheme of absorption, had to approach this Court once again in 2005 by filing writ petitions in W.P.No.21257 of 2005 and batch for implementing the scheme of absorption within a time frame to be fixed by the Court. This Court by an order dated 03.03.2006 directed the Government to implement the orders issued in G.O.Ms.No.209, Personnel & Administrative Reforms (P) Department dated 23.11.2001 within five months from the date of the order by this Court in the said batch of writ petitions. The petitioners were also the petitioners in W.P.No.25236 of 2005 which was also disposed of by this Court in the said batch. The said order of this Court came to be passed on 03.03.2006. The direction ought to have been complied with within 5 months thereafter, namely on or before 03.08.2006. But since the Government have not done so, the petitioners have been forced to approach this Court again for a further direction in the nature of a writ of mandamus directing the respondents to implement the orders of this Court in W.P.No.21257 of 2005 and batch dated 03.03.2006. 6. As usual, now also it is the representation of the Government through Additional Government Pleader that steps are being taken to implement the scheme of reabsorption. The said representation shows that for about 6 years, they have kept quite and kept the file idle. The same shows the lethargic attitude on the part of the respondents in giving effect to the orders of the highest forum of this land and highest forum of the State. This Court expresses its high degree of displeasure in the manner in which the respondents have responded to the orders of this Court. However, as a last chance, this Court directs listing of this matter for reporting compliance with the order passed in the writ petition No. 21257 of 2005 and batch on 03.03.2006 within four weeks from today.
This Court expresses its high degree of displeasure in the manner in which the respondents have responded to the orders of this Court. However, as a last chance, this Court directs listing of this matter for reporting compliance with the order passed in the writ petition No. 21257 of 2005 and batch on 03.03.2006 within four weeks from today. It is made clear that in case of failure to carryout the directions issued in this order, it will attract initiation of contempt proceedings against the respondents. The matter is directed to be listed on 12.04.2013 for reporting compliance.