M KARUNANIDHI; C CHINNAIAN; G ALAGIRI; R SAMPATH KUMAR AND P MURUGESAN Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CHAIRMAN AND MANAGING DIRECTOR, TAMIL NADU CIVIL SUPPLIES CORPORATION LIMITED

JUDGEMENT

(1.) The petitioners who were, admittedly, appointed as Helpers in the respondent-Corporation on temporary basis were terminated by the proceedings of the fourth respondent dated 20.12.2002 due to the closure of DPCs, Kuruvai 2002. Aggrieved by the said order of termination dated 20.12.2002, the petitioners seek a writ of Certiorarified Mandamus to call for the records of the fourth respondent relating to the order dated 20.12.2002 in Rc. A4/3452/2002, quash the same and to consequently direct the respondents to regularise the petitioners' service in the post of Helper and give all monetary and other benefits due to them.

(2.) It is trite law that it may not be proper for this Court to direct the employer to regularise the service of the temporary employees, particularly when the scheme under which temporary employees were appointed come to an end, activities of the employer is brought down and surplus manpower are identified by the employer, the voluntary retirement scheme is formulated, vide STATE OF H.P. v. ASHWANI KUMAR reported in , HAFIQ AHMED & Anr. v. STATE OF RAJASTHAN & ORS. reported in 1999 (9) Supreme 221, and RAMAKRISHNA KAMAT & ORS. v. STATE OF KARNATAKA & ORS. reported in . In the instant case, the respondents have taken a clear stand that they could not accommodate the petitioners, who are concededly seasonal workers, in a regular post as they have closed the DPCs, Kuruvai, 2002.

(3.) That apart, the law as to the rights of the temporary employees seeking regularisation is now well settled by the Apex Court in STATE OF H.P. v. ASHWANI KUMAR reported in , that the High Court was not right in giving direction to regularise the temporary employees who were engaged only for the project, which was completed and closed due to the non-availability of funds, and that the direction of the High Court to regularise such temporary employees by creating posts and continuing them in spite of non availability of funds and work is absolutely illegal.