Judgment : 1. There are four Writ Petitions filed by the petitioners seeking regularisation of their services W.P. Nos. 5174 of 2001 has been filed by Mr. M.R. Ramesh and W.P. No. 5175 of 2001 by Mr.A. Ganesh Babu has been filed seeking regularisation of their services in the category of Technical Assistants with effect from Technical Assistants according to G.O. (Ms) No.125 MAWS dated 27.5.1997 and the other W.P. Nos. 4662 of 2001 and 2866 of 2009 have been filed by five petitioners viz., Mr. M.R. Ramesh, Mr. L. Anthony Jones, Mr. A. Ganesh Babu, Mr. R. Diwakar and Ms. L. Pushparani, seeking a prayer for issuance of a Writ of Certiorarified Mandamus, under Article 226 of Constitution of India, to call for the records relating to GO (D) 274 MAWS dated 19.06.2007 issued by the Secretary to Government, Municipal Administration & Water Supply Department, the 1st respondent herein and Na.Ka. En.7684/ 1999/C1 (Maiyam) dated 29.06.2007 and Roc. No. C1(M) 2296/2007 dated 13.09.2007 issued by the Commissioner, Trichy Municipal Corporation, the 2nd respondent, quash the same in so far as the petitioners are concerned, with a further direction to the respondents to regularise the services of the petitioners in the category of Technical Assistants by giving priority as prescribed in G.O (Ms) No.187 MAWS dated 24.07.1997 and G.O (Ms) No.21 MAWS dated 02.03.1998. 2. The claim of the petitioners, as pleaded by learned counsel shows that all the five petitioners were recruited as Technical Assistants in Trichy Municipality Corporation, the second respondent herein, through employment exchange and appointed on 18.05.1994. Since then and till 2007 they were working without any break in service. Their initial appointments were made based on their technical qualifications, namely, Diploma in Civil Engineering, which is the prerequisite qualification for appointment as Technical Assistants. As the skilled persons cannot be appointed in an un-skilled category, they made a representation to the Trichy Municipal Commissioner, the second respondent herein, seeking to regularise their services in the existing vacancies, in the Trichy Municipal Corporation. After appointment of the petitioners in the year 1999, the first respondent have issued orders in G.O. Ms. No. 125 MAWS dated 27.05.1999 to regularise the services of the daily wage employees, who were working as on 01.10.1996 in the Trichy Municipal Corporation. After appointment of the petitioners in the year 1999, the first respondent have issued orders in G.O. Ms. No. 125 MAWS dated 27.05.1999 to regularise the services of the daily wage employees, who were working as on 01.10.1996 in the Trichy Municipal Corporation. Paragraph 3(i) of the said G.O., also mandates the second respondent that the list of daily waged employees should be prepared category-wise with the following details :- 1. Name of the Employee ii) Total Number of Employees – category wise iii) Date of appointment iv) Educational qualification v) Whether appointed through Employment Exchange or not. Inspite of the above direction mentioned in paragraph 3(i) of the said Government Order, the second respondent had prepared a combined list of 506 daily waged employees, irrespective of their post, whether Sweeper, Mazdoor, Sanitary Worker, Watchman, Unskilled Labourer, Technically qualified Technical Assistants, Drivers etc., and again, irrespective of educational/ technical qualification attached to the post which they are holding and also irrespective of the pay, as they were paid only Rs.66/- per day to Mazdoor Grade II, Rs.77/- per day to Mazdoor Grade I, Rs.95/- per day to Driver (LMV), Rs.105/- per day to Driver (HMV), Rs.55/- per day to Sweeper and Rs.66/- per day to Watchman and similarly for Technical Assistants also, for Grade I (BE passed) Rs.175/- per day was given. In the same way, for Grade III (DCE failed/ ITI Certificate holder) Rs.110/- per day was paid, but a combined seniority was prepared which is totally erroneous and against the G.O. Ms. No. 125 MAWS dated 27.05.1999. 3. Adding further, learned counsel continued to argue that, when skilled persons with technical qualification of ITI Certificate (Diploma in Civil Engineering) were appointed, subsequently vacancy for the post of Technical Engineer arose in 2001, but without reference to employment exchange, some persons were directly appointed without giving any preference to the petitioners who were appointed in the year 1994 through employment exchange. The approach adopted by the respondents is contrary to the two Government orders, G.O (Ms) No.187 MAWS dated 24.07.1997 and G.O (Ms) No.21 MAWS dated 02.03.1998, issued by the Government. Although the above said Government orders are specifically issued for regularising the services of NMR Sweepers and drivers, the direction given thereto, specifically indicates that the persons recruited through employment exchange should be given first priority and then to that of persons recruited without reference to employment exchange. Although the above said Government orders are specifically issued for regularising the services of NMR Sweepers and drivers, the direction given thereto, specifically indicates that the persons recruited through employment exchange should be given first priority and then to that of persons recruited without reference to employment exchange. When the two Government orders issued by the Government have been completely overlooked, the petitioners were put to grave prejudice. He further contended that although the petitioners were recruited as NMRs in the year 1994, agreeing that senior most persons will be accommodated in the permanent vacancies as Technical Assistants, atleast when the vacancies arose subsequently in the year 2007, the petitioners recruited through employment exchange should have been considered first than the persons subsequently recruited through the back door entry. 4. Again bringing to the notice of this Court, the vacancy position that stood as on June 2007, it is again pointed out that there were 7 vacancies available for the post of Technical Assistants Class III (Category 2) as shown in the progress report for the month of June 2007. Therefore, in the month of June 2007, when there were 7 vacancies available in the post of Technical Assistants, Class 3, Category 2, there cannot be any justification whatsoever for not filling up of the posts by appointing the petitioners from the post of Non-Technical Assistants to Technical Assistants post. As a result, the petitioners are once again put to mental agony, in addition to loss of higher salary. Further, when the petitioners were regularised, despite the fact that they were holding the Diploma in Civil Engineering, only as Unskilled Workers, as on 29.06.2007. 5. Again, to strengthen his case, he has also placed on record a bunch of proceedings dated 01.09.2006, issued by the Commissioner, Tiruchirapalli City Corporation, promoting Mr. A. Loganathan, Mr. S. Raguraman, Mr. A. Rajesh Khanna, Mr.C. Jeyaprakasam, Mr. B. Mathivanan, Mr. K. Jegajeevanraman, Mr. K. Srinivasan and Mr.K. Ibrahim, from the posts of Technical Assistant to the posts of Junior Engineer. Therefore, when all these above mentioned Technical Assistants were promoted to the post of Junior Engineers, the respondents have not come forward to fill up the vacancies arose by the promoting Junior Engineers. Therefore, the petitioners finding no progress in the representations followed by reminders, were forced to come to this Court. Therefore, when all these above mentioned Technical Assistants were promoted to the post of Junior Engineers, the respondents have not come forward to fill up the vacancies arose by the promoting Junior Engineers. Therefore, the petitioners finding no progress in the representations followed by reminders, were forced to come to this Court. Besides, he pleaded, when the petitioners were all possessing the requisite qualification, namely, a Diploma in Civil Engineering, they should have been fairly first appointed even at the time of original appointment, as Technical Assistants. But for the reason that there were no vacancy in the post of Technical Assistants in the year 1994, all of them were appointed as Unskilled workers but when vacancies arose in the year 2006 to till now, the vacancies have not been filled with the petitioners. Therefore if a direction is given, the respondents are not going to face any prejudice. 6. It is at this point of time, Thiru P. Srinivas, learned counsel representing the 2nd respondent submitted before this Court that now the Government have proposed to fill up 12 posts of Technical Assistants in the second respondent Corporation and among these 12 vacancies since only 5 petitioners are before this Court, top priority will be given to them as they are already possessing the requisite qualification and have gained experience in the said post as NMRs and who came to be regularised in the year 2007. 7. Record also shows that a proposal has already been made in G.O. (D) No.520 Municipal Administration and Water Supply Department dated 10.10.2013. A reading of the said proposal clearly shows that the Government have permitted the Commissioner of Municipal Administration to fill up 263 posts. Sl.No.12 in the Annexure also shows that 12 posts of Technical Assistants has been agreed to be filled up. Therefore, there is no impediment for the respondents to appoint the petitioners in the post of Technical Assistants. Recording the above submissions, the first respondent is directed to complete the above said exercise, within a period of six weeks from the date of receipt of a copy of this order. Mr. Therefore, there is no impediment for the respondents to appoint the petitioners in the post of Technical Assistants. Recording the above submissions, the first respondent is directed to complete the above said exercise, within a period of six weeks from the date of receipt of a copy of this order. Mr. Karthik, learned counsel appearing for the respondents fairly made a statement before this Court that the petitioners will not claim any backwages, if they are given the benefit of continuity of service from the date of filing these writ petitions, since there were vacancies even from June 2007. 8. For the reasons mentioned above, the writ petition Nos. 4662 of 2001 and 2866 of 2009 are allowed and W.P. Nos. 5174 and 5175 of 2001 are ordered accordingly. Consequently, the connected MP is closed. There is no order as to costs.