DIRECTOR Vs. T.VIJI

JUDGEMENT

(1.) Heard Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the Petitioner and Mr. S.Arunachalam, Learned Counsel for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Government of Tamil Nadu in the year 2003, for the purpose of curtailing the cost and adopting austerity measures, had imposed a total ban on recruitment in all departments including those relating to essential services such as, Education, Police and Health. As many posts in those Departments were vacant, there was imminent need for removal of the ban. Instead of lifting the ban on recruitment and filling up the vacancies through regular recruitment, the Health and Family Welfare Department was permitted to appoint persons on contract basis through outsourcing with private agencies by G.O. (D) No. 15, Health and Family Welfare Department, dtd. 22/3/2005 issued by the Government of Tamil Nadu. In pursuance of the same, vacancies in the cadres of paramedical and supporting staff of the Health Department were filled up by private agencies, which covered the posts of Driver, Hospital Worker, House Keeping Staff, Lab Technician Grade-II, ECG Technician, Dark Room Assistant, Data Entry Operator, Dialysis Technical, Lab Technician Grade-II (Nilgiris), Lab Technician Grade-II (Chennai), Mammography Technician and Staff Nurse (Dialysis). The wages in respect of the outsourced personnel was also fixed by the Government.

(3.) Based on the said instructions, the Director of Medical and Rural Health Services and the Director of Public Health and Preventive Medicine had filled up the vacancies by outsourcing through the agencies identified by the Tamil Nadu Medical Services Corporation Limited. In pursuance of the said arrangement, the Director of Medical Education, Chennai entered into a contract with an outsourcing agency, viz., M/s. METC, initially for the period from 1/5/2005 to 30/4/2006 and the services of the Respondent was engaged from 27/5/2005 till July 2008 through that outsourcing agency at the establishment of the Petitioner, viz., King Institute of Preventive Medicine, Chennai. At that stage, the persons working through the outsourcing agency had made representations for their absorption in service for their regular absorption in Government Service and after examining the same, the Government of Tamil Nadu by G.O. (Ms) No. 59, Health and Family Welfare (C2) Department dtd. 15/2/2008 passed the following order:-