P PARAMASIVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer in the writ petition is to quash the order dated 13.6.2005 passed by the first respondent and direct the respondents to regularise the services of the petitioner in the post of Section Writer or in the equivalent post in any one of the vacancies from the date of his first appointment with all consequential benefits and pay pension and pensionary benefits as the petitioner has already attained the age of superannuation and retired on 30.4.2005.

(2.) The case of the petitioner is that he was initially appointed as Section Writer on daily wage basis in the year 1987 and he continuously worked till his date of retirement on 30.4.2005 with some artificial break. Petitioner was paid daily wage of Rs.88/- per day. Petitioner studied upto SSLC, registered his name in the Employment Exchange and after sponsorship through the Employment Exchange, he was appointed as Section writer in the third respondent office. As no action was taken to regularise the petitioner's service and the similarly placed persons, some of the similarly placed persons approached the Tamil Nadu Administrative Tribunal by filing O.A.Nos.6048 of 1992, 6872 and 6873 of 1993 and the Tribunal directed the Government to take decision within a period of three months with direction to take careful assessment of the workload and the number of regular employment identified and norms laid down for additional employment in terms of increasing workload, etc. Against the said order of the Tribunal the respondents filed SLP, which was dismissed by the Supreme Court on 29.5.1995.

(3.) The respondents having disobeyed the order of the Tribunal, contempt applications were filed before the Tribunal in C.A.Nos.570 and 571 of 1995. After issuance of notice in the contempt applications, respondents sanctioned 91 posts of Record Clerk to absorb the Section Writers and also prepared a seniority list among the Section Writers and filled up 91 Record Clerk posts as per the seniority. Even thereafter several vacancies arose, however no action was taken to fill up the posts from 1996. Petitioner made representation to the respondents and prayed for regularisation. The Director of Government Examinations submitted a proposal on 30.3.1998 to sanction 108 posts in order to absorb the Section Writers worked at that time as Record Clerk. The first respondent while considering the said proposal sought for certain clarifications on 28.7.1998, which was also suitably clarified on 3.11.1998 by the second respondent and requested the Government to relax special rules in Part-II in Class XXII in sub-rule (b) of Rule 2. No action having been taken, further representation was submitted by the Association on 25.4.1999 before the Petition Committee of Tamil Nadu Legislative Assembly Secretariat. The Deputy Secretary of the Tamil Nadu Legislative Assembly Secretariat initiated action pursuant to which the second respondent again sent proposal to absorb the 108 Section Writers temporarily employed on daily wage basis in the Directorate of Government Examinations and in its Regional Office in the post of Record Clerk. No action having been taken again further representation was submitted by the Association to the Chief Minister's Cell for which the second respondent sent a reply on 12.6.1999 stating that the proposal dated 30.3.1998 seeking absorption of 108 Section Writers working for more than 14 years is under consideration of the Government.