S. GIRIJA Vs. THE REGISTRAR GENERAL

JUDGEMENT

(1.) The petitioners are stated to be working as Typists pursuant to the appointment orders dated 30.7.2009, 09.12.2009, 13.04.2010, 27.07.2010 and 31.8.2010 issued by the second respondent. The case of the petitioners before this Court is that they were appointed as Typist on the basis of the interview conducted by the second respondent. The names of the petitioners were duly sponsored by the District Employment Office and the petitioners have been selected properly in accordance with the rules for appointment temporarily in the post of Typists.

(2.) Mr.T.Muruganantham, learned counsel appearing for the petitioners would submit that the petitioners, thereafter, have continued to work uninterruptedly without any break and have discharged their duties satisfactorily and as such, the petitioners are entitled to be regularized. The petitioners rely on G.O. Ms.No.61, Personnel and Administrative Reforms Department, dated 22.05.2009, wherein, in paragraph 4(2)(c), it is clearly stated that persons appointed temporarily shall be replaced as soon as possible by a member of a service or an approved candidate qualified to hold the post under the rules and in any case, he shall not be continued for the period of one year from the date of his temporary appointment. Since no steps were taken to remove the petitioners after completion of one year and they were allowed to continue for more than three years thereafter, the respondents be directed to regularize the services of the petitioners as Typists from the date of appointment with consequential back-wages.

(3.) On the other hand, Mr.V.Ayyadurai, learned counsel appearing for the respondents would submit that continuation in the post of temporary service for more than one year does not confer any right on the petitioners for regularisation. The subsequent Government letter (Ms)No.86/P/2013, Personnel and Administrative Department, dated 8.7.2013 clearly mandates that all temporary Typists, who are continuing in service, have to be disengaged immediately on the afternoon of 10.7.2013 and thereafter, after break, they may be appointed again on temporary basis.