M RAJA BAGAVATH SING AND ORS Vs. SECRETARY TO GOVERNMENT DEPARTMENT OF TAMIL DEVELOPMENT RELIGIOUS ENDOWMENT AND INFORMATION CHIEF SECRETARIAT AND ORS

JUDGEMENT

(1.) The first Petitioner is the President of the temple Employees Association at Thiruchendur. The other four Petitioners are employees working in the said temple. They have come forward to challenge the order passed by the Commissioner, Hindu Religious & Charitable Endowment, namely, the second Respondent dated 2/9/2010. By the said order, the second Respondent has permitted the Joint Commissioner-cum-Executive Officer to appoint two candidates in the post of Public Relation Officer and the Assistant Public Relation Officer on a consolidated salary of Rs. 10,000/-and Rs. 7,000/-respectively, that too for a period of six months. The said order came to be passed on the basis of the resolution of the Board of the Managing Trustees as well as the recommendations made by the Commissioner/third Respondent herein. Aggrieved against such appointments, the Petitioners have come forward to challenge the present writ petition.

(2.) Mr. G.R. Swaminathan, counsel for the Petitioners contended that the Commissioner cannot create such posts which are already statutorily notified under the Tamil Nadu Hindu Religious Institutions (Officers and Servants) Service Rules, 1964. The post of Public Relation Officer, Grade II is found in Serial No. 8 of Senior Grade Temples - Outdoor servants and the post of Public Relation Officer is above the post of Accountant. The first Petitioner Association and the other four Petitioners have aggrieved by not only creating such a consolidated post but also claiming two individuals for the said posts as a tailor made arrangement. Therefore, it is contended that such an appointment made in favour of two candidates, were also made as Respondents 5 and 6 in this writ petition.

(3.) The learned Counsel further contended that the posts will not be advised properly as required under the Service Rules and reference is also drawn to Rule 5b, wherein it is stated that if any vacancy arises in any category of posts and it has to be filled up by direct recruitment and should obtain prior approval of the Commissioner for filling up such vacancy.