A RAJADOSS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a Writ of Mandamus directing the respondents to regularise the services of the petitioners in the regular vacancies existing in the cadre of Microscopists with effect from their initial date of appointment with all benefits.

(2.) THE petitioners herein are all working as Microscopists in the Corporation of Chennai on daily wages in the Department of Health (Malaria Wing) since 1997. The petitioners were initially recruited as temporary Action Microscopists on daily wages by the the Corporation of Chennai by Order dated 21. 3. 1997; the appointments were repeatedly extended with artificial break in service with every 85-90 days; and, they were performing the work of regular staff. The Corporation by its Resolution dated 7. 4. 1994 decided that in view of the exigency of the situation, it proposed to carry out the work under Malaria and Mosquito Control, and for the existing vacancy, temporary appointments on daily wages have to be made. Accordingly, the petitioners have been appointed temporarily as Microscopists. The petitioners possess all the requisite qualifications to be appointed as Microscopists on permanent basis. The Government passed G. O. Ms. No. 125, MA and WS Department, dated 27. 5. 1999. By that G. O. , all the casual workers appointed on daily wages prior to 4. 5. 1999 shall be included in the list to be prepared for the purpose of regularisation of their services, and the Government also specified the method by which they should be absorbed in the permanent vacancies. The Corporation Council also passed Resolution No. 68/2001, dated 4. 4. 2001, approving the implementation of the G. O. and consequently to appoint the temporary workers on permanent basis. No action was taken to implement the G. O. or the Resolution. Therefore, the Corporation General Employees' Union and others filed W. P. Nos. 11909 of 2001 and 10011 of 2002 for implementation of the said G. O. This Court passed an Order of injunction restraining the termination of the temporary workers. The petitioners are working for more than 5 years, but on daily wages. Therefore, the present writ petition.

(3.) IN the counter affidavit, filed by the Commissioner, Corporation of Chennai, it is stated that the individuals were engaged for a period of 85 days from 25. 3. 1997 to 17. 6. 1997 and 21. 7. 1997 to 13. 10. 1997, and thereafter, they were not employed. In 2001, when the incidence of malaria increased in certain localities, the services of the petitioners were temporarily required and therefore they were appointed on the basis of daily wages. It is not possible to absorb them in a regular vacancies as the Government has banned new appointments due to financial crisis. The said G. O. 125 cannot be applied in this case since the G. O. applies only to entry level posts [clause IV] and the post of Microscopists comes under Clause III category. Further, the G. O. applies only to the persons who were employed prior to 4. 5. 1999 and continuously working, and it cannot be applied to the petitioners. On 21. 8. 2001, each of the petitioners individually requested to recruit them as Microscopists on daily wages basis. Later, they were engaged for 85 days from 27. 11. 2001, after the break of four years. Presently, they are serving only on the basis of interim orders passed by this Court. The Corporation has not framed any norms for the appointment to the posts of Microscopists. Presently, all the posts are filled up by promotion from the Mazdoor and the Head Mazdoor cadre, and they were given training by the Department of Public Health for the malaria and filaria slides, and now they are well experienced in the same field. Even though the petitioners are qualified in Laboratory Technology, they cannot be considered for permanent appointment in view of the ban imposed for filling up the vacancies. The petitioners were appointed temporarily on daily wages, and their request cannot be considered for regular absorption.