LAWS(MAD)-2010-9-572

S PRABAKAR AND ORS Vs. SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, DIRECTOR OF RURAL DEVELOPMENT AND PANCHAYAT RAJ AND DISTRICT COLLECTOR

Decided On September 24, 2010
S PRABAKAR AND ORS Appellant
V/S
SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, DIRECTOR OF RURAL DEVELOPMENT AND PANCHAYAT RAJ AND DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioners have got themselves registered their names in various employment exchanges in Madurai, Virudhunagar and Ramanathapuram Districts and they are qualified Diploma holders. They are eligible to be appointed as Overseers under the Rural Development and Panchayat Raj Department under the Government of Tamilnadu. Some of the petitioners were also employed temporarily as NMR workers. When they were waiting for being sponsored through employment exchanges for getting appointed to the posts of Overseers on the basis of their employment exchange seniority, the State Government issued order in G.O. Ms. No. 96, Rural Development and Panchayat Raj Department, dated 6.6.2008. By the aforesaid G.O., the State Government absorbed Technical Assistants with Diploma/Degree in Civil Engineering qualification and who were appointed after sponsored through the employment exchanges under the National Rural Employment Guarantee Scheme (NREGS) and Tsunami Rehabilitation programme as Overseers under the Tamil Nadu Panchayat Development Engineering Subordinate Service.

(3.) Since the said order is under challenge, it is necessary to set out the operative portion of the order as well as the history behind the policy decision taken by the State Government. Para 8 of the impugned order reads as follows: