M. Govindaraju, Steno Typist, Spl. District Court/MCOP Tribunal Salem v. State of Tamilnadu, rep. by its Secretary, Home (Courts) Department
2017-03-21
NOOTY RAMAMOHANA RAO, S.M.SUBRAMANIAM
body2017
DigiLaw.ai
JUDGMENT : NOOTY RAMAMOHANA RAO, J. Heard the learned counsel for the writ petitioners. 2. These are all unfortunate cases instituted by persons temporarily working with some hope and desire to get recruited permanently to the services under the Government hold. However hard the facts might be and however much we sympathize with their cause, we have to restrain ourselves from any extravagant indulgence with the legal principles. 3. The facts lie in a narrow campus. Vacancies to various posts included in the Judicial Ministerial Services, to which direct recruitment is provided as a source, have been notified to the Tamil Nadu Public Service Commission, which would advertise, conduct examination/selection process, select suitable candidates and allot the selected candidates for appointment in the Judicial Ministerial Services. Since the said process is a time consuming one and large number of vacancies were found lying in the Courts and consequently the Court's functioning was adversely impacted, a resort was made to make temporary recruitment by inviting through respective District Employment Exchanges, which sponsored the suitable candidates existing on its rolls. After a nominal selection process was indulged in, the writ petitioners were found to be the successful candidates and hence, they were appointed on a temporary basis, subject to replacement by those candidates selected by the Tamil Nadu Public Service Commission. 4. The writ petitioners completed more than three years of service and if the regular candidates selected by the Tamil Nadu Public Service Commission arrive, apprehending any orders ousting the petitioners from out of their temporary employment, the petitioners have come up with the above writ petition. Unfortunately for the petitioners, it is inferable that either they have not responded to the recruitment notifications subsequently taken out by the Tamil Nadu Public Service Commission or in case they have responded, they were not successful in securing selection. 5. At the time of filing the writ petition, M.P.Nos.1 and 2 of 2014 have been moved seeking (i) to grant an interim injunction restraining respondents 1 to 3 from ousting the petitioners from their respective posts and (ii) to grant interim direction directing respondents 1 to 3 to reserve 8 posts in the categories of Readers, Examiners, Copyists, Typists and Steno-Typists in the Subordinate Courts in Salem District.
This Court, by order dated 20.10.2014, directed the respondents to maintain status quo and it is, therefore, clear that the petitioners are still continuing in service. As on today, the interim order is still in force and it is never sought to be vacated. 6. It is true that having rendered more than three years of service and that too, satisfactorily, if the petitioners get out of employment on the arrival of the newly recruited candidates by the Tamil Nadu Public Service Commission, it would cause some amount of heartburn and hardship. That was no reason for us to bend the legal principles backwards and order for consideration of the cases of the writ petitioners exclusively for purposes of filling up of existing vacancies such as Examiner, Reader, Senior Bailiff, Junior Bailiff, Record Keeper, Shroff, Assistant Shroff, Record Clerk and Xerox Operator, lying vacant as of now in the Courts in Salem District. 7. In the given facts and circumstances, we consider that equities can be stretched a little in favour of the writ petitioners by issuing the following directions:- As and when any regular recruitment is undertaken by the State Government and/or in particular by the Principal District Judges/Court of Small Causes/ High Court, as the case may be, the cases of the writ petitioners may be considered duly relaxing the upper age limit to some extent, rounding it off to the nearest whole number, such as 3 or 4 as the case may be, corresponding to the length of service put in by the respective petitioners. 8. We only hope that the writ petitioners will not lose hope and would trust that their hard work would pay the necessary dividend at some time or the other. 9. With this, the writ petition stands disposed of. No costs. Consequently, the above MPs are closed.