R. KARTHIKEYAN, Vs. THE SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY (MC4) DEPARTMENT FORT ST. GEORGE, CHENNAI-9,

JUDGEMENT

(1.) IN this batch of Writ Petitions, the petitioners are all employees of Coimbatore City Municipal Corporation, pursuant to the direction issued by the State Government in G.O.Ms. No. 472, Municipal Administration and Water Supply Department dated 22.11.2011. They have sought to come forward to this Court for the second time to improve upon the terms of the employment granted by the Corporation. By the said G.O., the State Government found that the petitioners were originally employed by the Tamil Nadu Textile Corporation and the Textile Corporation retrenched the service of the petitioners. Subsequently, in order to accommodate them in some other employment, attempts were made to write to several bodies. The Director of Family Welfare addressed a communication to the Secretary to the Government, Municipal Administration and Water Supply Department stating that the Coimbatore City Municipal Corporation is willing to accept and grant them employment and they are seeking for Government permission for grant such employment. On the basis of this communication, when no employment was given to them, the petitioners filed a batch of Writ Petitions before this Court being W.P.Nos.14826 to 14836 of 2009. In the said Writ Petitions, they have challenged a G.O.(Ten Years) No. 230, Municipal Administration and Water Supply Department dated 1.8.2009, insofar as rejecting the claim of the petitioners for absorption of their employment in the Coimbatore Corporation and seek for a direction to grant relaxation of the Rules for redeploying them. A a learned Judge of this Court by order dated 17.12.2009 granted direction to the respondents stating that the Tamil Nadu Textile Corporation has already initiated steps to introduce Voluntary Retirement Scheme and the petitioners were not willing to accept the Voluntary Retirement Scheme and therefore, duty was cast upon the Tamil Nadu Textile Corporation to redeploy them by getting appropriate approval from the State Government. At that stage, a mention was made to this Court that no such direction can be given to the Textile Corporation and if at all there is any redeployment of these petitioners, that could be done only by the State Government and therefore, appropriate direction can be given to the State Government. The learned Judge on the matter being mentioned further passed an order on 11.2.2010 stating that appropriate approval should be given by the State Government and the Corporation should address to the State Government in this regard.

(2.) ON being aggrieved by the said direction, the State Government and the other Subordinate Officers filed Writ Appeals being W.A.Nos.2143 to 2149 of 2010 before a Division Bench. The Division Bench by order dated 11.2.2011 held that the order passed by the learned Judge was valid and the Writ Appeals were dismissed. As against the same, the State Government preferred a SLP in SLP Civil No. ..../2011 C.C.16478 -16484 of 2011 and along with the SLP, a petition for condoning the delay was filed. The delay was condoned and the Special Leave Petitions were dismissed by the Supreme Court on 17.10.2011.

(3.) IT is not clear as to how such a Writ Petition is maintainable. When the petitioners are working in State owned Corporation, which is a distinct autonomous body and when the petitioners do not want to accept the Voluntary Retirement Scheme introduced on account of Textile Corporation having become sick, there is no scope of further employment either in the Corporation or in other Government Departments. In the absence of legal or enforceable right on the part of the petitioners in approaching this Court, using the resolution of the Coimbatore Corporation, which was willing to accommodate them and after series of litigations, wherein the State Government was unsuccessful in fighting against the same, the State Government was forced to implement them without there being legal or enforceable right on the part of the petitioners. Having availed their redeployment from the Corporation and refused to go on Voluntary Retirement Scheme, the petitioners have secured a fresh employment and they should self -content with the same and not challenge the same which was agreed on the basis of discretionary order passed by this Court.