K. SAKTHIVEL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have filed the above Writ Petitions praying to issue a Writ of Certiorarified Mandamus or any other writ or order of direction in the nature of writ, to call for all relevant records relating to the impugned rejection order issued in Na.Ka.No.47611/Pu.tha2/E2/2012 dated 18.05.2012 passed by the second respondent herein and quash the same and to direct the respondents to absorb the petitioners in the regular employment as permanent mazdoor or in any other appropriate respondent department, Government of Tamilnadu on regularising their services by bringing them under regular time scale of pay from the date of his initial appointment with all consequential monetary and other service benefit.

(2.) The petitioners in W.P. No.33084 of 2012 and 33085 of 2012 were engaged as a temporary seasonal Mazdoor in the Primary Health Centre, Pelralpatti, Dharmapuri District and Pulikarai, Dharmapuri District respectively from the year 2006 and 2007 onwards. Their primary job was to undertake the activities for preventing malaria and related diseases, particularly, when such diseases were active during monsoon period. The petitioners were continued in service year after year till 2016. Their services were utilised as temporary seasonal mazdoors all these years. It appears that by virtue of the orders of the Tamil Nadu Administrative Tribunal as well as this Court, many of the similarly placed seasonal mazdoors were taken into regular establishment and given permanent employment. These petitioners also made representation through their Association as well as individually from the year 2009. Individual representations were made in November 2011 and April 2012 and July 2012. When these petitioners filed Writ Petitions vide W.P.Nos.8973 & 8974 of 2012 for considering their request, this Court directed the second respondent to consider and pass orders on their representations. However, the direction was not complied with and hence, they filed Contempt Petitions in C.P Nos.1173 & 1174 of 2012. The Director of Public Health and Preventive Medicine, Chennai 600 006, by its letter R.No.47611/VC11/S2/2012 dated 10.08.2012, directed the Deputy Director of Health Service, Dharmapuri to send a copy of the representation of the petitioners. Thereafter, they have passed the impugned order in proceedings Na.Ka.No.47611/Pu.tha.2/E2/2012 dated 18.05.2012 rejecting the request made by the petitioners. Aggrieved over the same, the petitioners have preferred the above writ Petitions.

(3.) The learned Additional Government Pleader appearing for the respondents would contend that the petitioners had worked for a short period of 127 days throughout their career and that their engagement was for a very short period in a year. Therefore, they cannot be construed to have continued in employment throughout the year and they are not entitled to regularization. She would also contend that the Division Bench of this Court in Writ Appeal No.1027 of 2013 dated 09.06.2004 has directed the respondents for the purpose of filling up these posts to issue wide publicity in two leading newspapers apart from getting the names of the candidates from the employment exchange. The respondent in G.O.(2D)No.97 Health and Family Welfare (AB2) Department dated 20.07.2016 granted permission to the Director of Public Health and Preventive Medicine to fill up 182 permanent posts of field workers (Mazdoors), as per the direction of the Division Bench in Writ Appeal No.1027 of 2013. Accordingly, a committee was constituted and notification was issued calling for candidates. In fact, few of them were also selected and appointed employed and therefore, at this juncture, the request of the petitioners cannot be accepted.