S ANANDA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) SINCE the point involved in these two writ petitions is the same, they are dealt with together.

(2.) THE petitioners in these two writ petitions who are 118 in number had originally joined the Department of Industries and Commerce in various capacities such as Typist, Junior Assistant, Junior Assistant Store-keeper, Assistant, Assistant Store-keeper, Time-keeper, Draughtsman, etc. after having been recruited for the concerned posts by the Tamil Nadu Public Service Commission. The details of the above said posts are however not necessary for the purpose of consideration of the point involved in these writ petitions.

(3.) THE Industries and Commerce Department set up units in various centers in the state of Tamil Nadu to demonstrate and disseminate the technique of modern manufacturing in various sectors during the 2nd, 3rd and 5th Plan periods. In or about February, 1960, the Government of India recommended the formation of an autonomous Corporation for the management of Industrial Estates and for taking up of Programme of Commercial nature like production scheme, establishment of marketing, raw material depot etc. In view of those recommendations, the Government of Tamil Nadu had set up a state-owned Corporation known as Tamil Nadu Small Industries Corporation or taking over from the Government the production servicing small scale industrial units with assets and liabilities of the Government. The initial subscribed share capital was paid by the government to be transferred to such Corporation. The said Corporation set up by the Government started functioning with effect from 1st December, 1965. The officers and staff like the petitioners who were then working in the Small Scale Industries Section and units of the Industries and Commerce Department under terms and conditions contained in G. O. Ms. No. 5600, Industries dated 30th November, 1965. The benefit of rule 9 of the General Rules for the Madras State Subordinate Service was given to all the deputationists who were deputed irrespective of the fact whether they held regular appointment in the Industries Department or not. Further, the said Government Order also provided that the staff who were sent on deputation would be on foreign service till their permanent absorption in the service of the Corporation.