S. SAROJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) W.P. Nos. 30871 and 30881 of 2012 have been filed seeking issue of a Writ of Mandamus directing the first and second respondents to consider and regularise the services of the petitioners in the Tamil Nadu Judicial Subordinate Service by framing a scheme on the lines approved by this Hon'ble Court in its judgment dated 10.6.2009 in W.P. No. 9710 of 2009 and grant all other attendant benefits thereto or in the alternative to direct the respondents to consider and absorb the petitioners in the posts of Examiners, Readers and Senior Bailiff or any other suitable post and till then not to terminate the services of the petitioners. The petitioners in the aforesaid writ petitions were temporary appointed as Junior Assistant/Steno-Typist Gr. III/Typist in various Courts in the Districts of Salem and Tiruvannamalai respectively on different dates after their names were sponsored by the concerned Employment Exchange, and they are working in the respective posts since 2011. It is stated by the petitioners that advertisement has been issued by the Tamil Nadu Public Service Commission on 27.4.2012 inviting applications for direct recruitment to the posts of Junior Assistant, Typist, Steno-Typist Gr. III in the Tamil Nadu Judicial Ministerial Service. It is further stated that if the posts are filled up by the candidates, who are going to be selected by the Tamil Nadu Public Service Commission, the petitioners will be ousted from service. It is stated that the recruitment to the posts of Examiners, Readers and Senior Bailiff, which are lying vacant, are not through Commission and as such the petitioners can be absorbed permanently in those posts. It is further stated by the petitioners that similar absorption has been done pursuant to the direction given by this Court in W.P. No. 9710 of 2009. In this regard, the petitioners have made a representation on 25.10.2012 to the third respondent.

(2.) The petitioners in W.P. No. 30126 of 2012 have filed the writ petition seeking issue of a Writ of Mandamus directing the first and second respondents to regularise the services of the petitioners in the Tamil Nadu Judicial Ministerial Service with all attendant benefits. It is the case of the petitioners that they were appointed as Typist in the Tamil Nadu Judicial Ministerial Service on different dates after their names were sponsored by the District Employment Office. They have been selected pursuant to the test and interview conducted by the District Judge, Nilgiris and they are working in the said post since 2009 in various Courts in the District of Nilgiris. It is stated by the petitioners that they have been working continuously, though orders have been issued under Rule 10(a)(1) of the Tamil Nadu Subordinate Service Rules. It is stated by the petitioners that they were ousted from service before completion of one year to avoid payment of increment and again they were appointed by way of a fresh order. The petitioners have also annexed appointment letters along with the typed set of papers. The petitioners submit that though they were appointed on a temporary basis in terms of Rule 10(a)(1), the petitioners had legitimate expectation that their services would be regularised in course of time by the Government. It is stated by the petitioners that advertisement has been issued by the Tamil Nadu Public Service Commission on 27.4.2012 inviting applications for direct recruitment to the posts of Junior Assistant, Typist, Steno-Typist Gr. III in the Tamil Nadu Judicial Ministerial Service. It is stated by the petitioners that if the posts are filled up by the candidates, who are going to be selected by the Tamil Nadu Public Service Commission, the petitioners will be ousted from service. The petitioners have also given a representation to the third respondent requesting for regularisation with consequently benefits based on the order passed by this Court in W.P. No. 9710 of 2009.

(3.) We have heard the learned counsel appearing for the parties.