M JEGATHAMBAL Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioners, herein, were employed by the third respondent " Director of Government Examinations as and when there was extra requirement for collating the work of marks furnished by the valuers.

(2.) SIMILARLY placed persons moved the Tribunal in O.A.No.6048 of 1992. Since the work of the Section Writers related to seasonal work and at peak time, extra hands are recruited, the Tribunal directed that 30% of the vacancies can be taken as a peak employment or 75 posts can be sanctioned for regularising the persons who are employed. The Tribunal further directed that the order should be implemented within three months. The order of the Tribunal dated 18.06.1993 was considered by the State Government and an order was passed in G.O.Ms.No.156 Education Science and Technology Department, dated 07.03.1994. The Government accepting the order of the Tribunal sanctioned the posts in the Department of Government Examinations and the Section Writers are to be absorbed as Record Clerks. In the very same order, it was also stated that improvement of the system in the Directorate of Government Examinations should be ensured so that, the department can do away with the appointment of Section Writers on daily wages. It was also stated that other Section Writers can be granted age exemption to appear in the Tamil Nadu Public Service Commission and their case can be considered. It is pursuant to the order, the petitioners were appointed as Record Clerks on regular basis.

(3.) THIS proposal of the existing Record Clerks received sympathy from the Department officials and they started corresponding with the Government, bringing to the notice of the Government that in the subsequent recruitment there cases can be considered. In fact, some of the petitioners also moved the Tribunal in O.A.No.1995 of 2004 and a direction was given to the Government to pass appropriate orders to regularize their case in the post of Junior Assistant. But the petitioners having got the regular posts of Record Clerks by the orders of the Tribunal which was accepted by the State and after serving in the post for 6 years once again moved the Tribunal in O.A.No.4325 of 2000 seeking to set aside the order dated 14.03.2000 issued by the third respondent which was issued pursuant to the order of the first respondent Government dated 02.02.2000 and after setting aside both orders sought for a direction to the respondent to appoint them as Junior Assistants with retrospective effect as fixed by the Government in G.O.Ms.259 dated 27.04.1989.