K DEVIER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners were all working as Cholera Mazdoor in Nagapattinam District under various Panchayat Unions. THEy were all appointed by the Commissioner of Panchayat Union from 1981, who is the competent authority. When the services of the petitioners were not regularized, they approached the Tamil Nadu State Administrative Tribunal by filing O.A.No.374 of 1998 for regularization, wherein the Tribunal granted an interim direction, not to terminate the services of the petitioners. Accordingly, the petitioners were working till 1998 and thereafter, the petitioners were ousted for want of vacancy, instead of regularization. THE petitioners made representations to respondents 1 to 3, requesting to appoint them in any of the suitable vacancies based on the Tribunal's order dated 23.03.1998, since they were working for more than 15 years.

(2.) IN the meantime, the Government in G.O.Ms.No.114 Rural Development Department dated 06.05.2000, enabling the filling up the vacancies arising in the basic service cadre from among the candidates kept in waiting list in the compassionate appointment list being maintained in each District, and if no such persons are available, then the Panchayat Unions can make appointment by direct recruitment after getting list from the Employment Exchange. It was, aggrieved by the said Order, the Cholera Mazdoor Association has filed O.A.No.3214 of 2001 before the Tamil Nadu State Administrative Tribunal on the ground that already the members of the ousted Cholera Mazdoor Association are available, awaiting appointment as basic servants. Therefore, the Tribunal granted an interim stay in respect of G.O.Ms.No.114 dated 06.05.2000 in respect para 2(e) alone, in the order dated 07.06.2001, based on which the Director of Rural Development has also sent instructions to all the District Collectors, requesting not to fill up the vacancies till the final decision in the original application is taken. Though the interim order was vacated on 22.01.2004, the Original Application is still pending.

(3.) IN the meantime, the Government has issued G.O.Ms.No.55 Rural Development and Panchayat Department dated 15.06.2006 absorbing 978 Fitter Assistants working throughout the State in various Panchayat Unions on time scale of pay of the post of Office Assistant/Night Watchman in the existing vacancies. Pursuant to that, the Collector, Nagapattinam has appointed 20 Fitter Assistants of the Vellore District in various Panchayat Unions as Office Assistants/Night Watchman. Aggrieved by the said order of the Collector dated 08.09.2007, the petitioners and others made representation to the Government on 17.09.2007 and requested that as per the earlier order of the Government and Court Order, the petitioners are entitled for appointment. If the persons from outside Nagapattinam District are considered, the petitioners will be having no chance of appointment as per the Government Order/letter dated 21.07.2005.