JUDGMENT 1. With the consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for final disposal. 2. By this writ petition, the petitioners, who were all originally engaged by the Coimbatore Municipal Corporation to drive bullock carts for the purpose of garbage collection, were absorbed as Auto Drivers, since the corporation took a policy decision to do away with bullock carts and instead purchased three wheelers Auto Rickshaws. The petitioners are all working from 1963 and 1981 onwards. With effect from 12.03.1997, all the petitioners are working as Auto Drivers before which they were given full training by the respondent Corporation. The petitioners made a request to the respondent Corporation to regularise their services. When the said request was pending, the first respondent issued a notification dated 19.08.1989 to fill up the post by calling for names from the employment exchange. The petitioners challenged the action of the first respondent by filing W.P.No.19317 of 1998, and an interim order was granted on 08.12.1998 to the effect that any appointment made is subject to further orders. Thereafter, the petitioners submitted several representations requesting for regularising their services and placed reliance on the Government Order in G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999. While the representations were pending, the writ petition in W.P.No.19317 of 1998, came for final disposal. This Court after hearing the parties by order dated 30.07.2008, allowed the writ petition. The operative portion of the order reads as follows:- 4. Pending the writ petition, this Court vide order dated 27.12.2002, directed that any appointment made will be subject to the result of the writ petition. 5. On behalf of the Corporation, a counter affidavit dated 18.8.1999 has been filed. It is admitted in paragraph 3 of the counter that the Corporation had purchased 16 autorickshaws and the Sanitary workers, who are willing, were employed as Drivers to drive the autorickshaws. Though it is claimed that they had been driving the autorickshaws till date, but the Municipal Corporations General Subordinate Service Rules, 1996 prescribes 10th Std. as minimum educational qualification for the post of Drivers. It was also admitted that by G.O. Ms. No. 13 Municipal Administration and Water Supply Department dated 13.01.1999, the Government had given directions that persons with qualification of a pass in 8th Std. with proper driving licence, can be promoted as Drivers by relaxing the Rules. as minimum educational qualification for the post of Drivers. It was also admitted that by G.O. Ms. No. 13 Municipal Administration and Water Supply Department dated 13.01.1999, the Government had given directions that persons with qualification of a pass in 8th Std. with proper driving licence, can be promoted as Drivers by relaxing the Rules. In terms of the said G.O., only two persons were having qualification and for the remaining 16 cleaners, relaxation had to be made. Even the Rules for filling up the posts of Drivers will have to be done on the ratio of 1:1 and it cannot be done only by promotion as demanded by the petitioners. 6. It is seen from G.O. No. 21 Municipal Administration and Water Supply Department dated 02.3.1998 that the Government had granted the Corporation liberty to absorb the existing Drivers by granting necessary relaxation from the conditions of Employment Exchange or getting their names registered with the Employment Exchange and appoint them. The petitioners were already regular workers in the service of the Corporation and since the Government had granted liberty to recruit them provided they have qualifications, there is no impediment for the Corporation in recruiting these employees. 7. In fact, by G.O. Ms. No. 22 Municipal Administration and Water Supply Department dated 13.4.1998, the State Government had relaxed the qualification in respect of one Driver Gurunathan in the Tirunelveli Corporation. Hence, there is no reason why the petitioners' qualification cannot be relaxed in the light of the earlier Government Order. Therefore, the Corporation is hereby directed to consider the case of the petitioners for regularising them in the post of Drivers which post they are already holding by virtue of the option given by the Corporation. This is all the more so as the earlier work of collecting garbage through bullock-carts was abolished and the petitioners are doing the said work after purchase of autorickshaws for the said purpose. This exercise by the Corporation shall be undertaken within a period of eight weeks from the date of receipt of a copy of this order and the petitioners should be informed accordingly. 8. This writ petition stands allowed in the above terms. No costs. 3. When the earlier writ petition was contested by the respondent, a stand was taken that unless the petitioners possess the educational qualification i.e., pass in 8th standard, their services cannot be regularised. 8. This writ petition stands allowed in the above terms. No costs. 3. When the earlier writ petition was contested by the respondent, a stand was taken that unless the petitioners possess the educational qualification i.e., pass in 8th standard, their services cannot be regularised. This contention was not accepted by the Court and the Court took note of a Government Order in G.O.Ms.No.22, Municipal Administration Department 13.04.1998, and pointed out that the State Government had relaxed the qualification in the case of one Driver Gurunathan in Tirunelveli Municipality, who similarly placed as that of the petitioners, was granted relaxation. Therefore, this Court was of the firm view that there is no reason as to why the petitioners should not be granted relaxation. Therefore, a direction was issued to the respondent corporation to pass orders, within a period of eight weeks. 4. From the counter affidavit filed by the second respondent, it is evident that the second respondent has understood the order and direction issued by this Court in the earlier writ petition in W.P.No.19317 of 1998, dated 30.07.2008, in its letter-in-spirit and acted accordingly. Pursuant to the direction, the second respondent has addressed the first respondent on 10.10.2008 and this has been followed by four remainders namely, on 31.03.2009, 25.08.2009, 06.11.2009 and 09.07.2010. It is only in August, the first respondent appears to have responded to the various communications of the second respondent and by proceedings dated 05.08.2010, informed that the petitioners are required to possess the educational qualification pass in 10th standard or atleast the relaxed educational qualification in terms of G.O.Ms.No.140, dated 27.05.1997, namely, pass in 8th standard. Therefore, it was stated by the first respondent, their services cannot be regularised and relaxation cannot be granted. From the counter affidavit of the second respondent, it is seen that the council of the second respondent Corporation by resolution No.16, dated 28.04.2008, had resolved to request the Government to sanction additional post of drivers and it was further resolved to request the Government to relax the educational qualification for the purpose of appointing various Sanitary and RNMR workers like the petitioners, who were working as temporary Drivers. 5. It is to be noted that the first respondent was a party to the earlier writ petition in W.P.No.19317 of 1998, therefore, the first respondent cannot plead ignorance of the observations made by this Court. 5. It is to be noted that the first respondent was a party to the earlier writ petition in W.P.No.19317 of 1998, therefore, the first respondent cannot plead ignorance of the observations made by this Court. This Court while issuing direction in the earlier writ petition referred to the case of one Driver Gurunathan in Tirunelveli Corporation. If the Government thought fit to grant relaxation of educational qualification in respect of the said Driver, there is no reason for the first respondent to refuse to consider the case of the petitioners, especially when, the petitioners were made as temporary Auto Drivers owing to the decision taken by the Municipal Corporation to do away with bullock carts, which were earlier used for collection of garbage. Therefore, if the petitioners are to be put in disadvantageous position on account of decision taken by the Corporation, which appears to be a decision based on the State Government's policy not to use animal drawn carts for collection of garbage, then it is a bounden duty of the first respondent to rehabilitate such of those persons, who were earlier driving those bullock carts. 6. The council for the second respondent took a conscious decision and in order to afford employment to all the six petitioners gave them training to drive Auto Rickshaws and they have engaged them. Therefore, at this distance of time, if the petitioners are to be thrown out of employment on account of not possessing minimum educational qualification of 8th standard pass, it would greatly jeopardise their livelihood. 7. Admittedly, the order and direction issued by this Court in the earlier writ petition in W.P.No.19317 of 1998, dated 30.07.2008, had attained finality. The observations contained therein are binding on the first respondent as well, since the first respondent was also a party to the earlier writ petition. The facts of the case on hand is peculiar and therefore, the first respondent need not have any apprehension that it would be treated as a precedent. In fact there is a precedent, where the first respondent had granted age relaxation in respect of one Driver Gurunathan in Tirunelveli Corporation. In such circumstances, this Court is of the view that the petitioners should be granted appropriate relief. 8. In fact there is a precedent, where the first respondent had granted age relaxation in respect of one Driver Gurunathan in Tirunelveli Corporation. In such circumstances, this Court is of the view that the petitioners should be granted appropriate relief. 8. In the result, the writ petition is allowed and the impugned order is set aside and the first respondent is directed to consider the case for the petitioners as a one time measure without being cited as a precedent for the purpose of considering and granting relaxation in respect of educational qualification, namely pass in 8th standard by taking note of the observations in W.P.No.19317 of 1998, dated 30.07.2008 and also the fact that the petitioners were earlier driving the bullock carts, which were used for collection of garbage, which were replaced by Auto Rickshaws on account of a policy decision taken by the State. In this regard, the first respondent shall pass appropriate orders by taking note of the observations made by this Court. It is made clear that this order shall not be treated as precedent, as has been passed taking note of the peculiar facts and circumstances of this case. The first respondents shall pass appropriate orders in this regard, within a period of three months from the date of receipt of a copy of this order. 9. It is submitted that all the petitioners are now working as temporary Drivers of the Auto Rickshaws, till the decision was taken by the first respondent in terms of the above direction, the status-quo prevailing as on date shall be continue and the petitioners' service as temporary Driver shall be continuously engaged and they shall be paid wages accordingly. No costs.