TAMIL NADU THIRUKOIL THOZHILALARKAL UNION Vs. COMMISSIONER

JUDGEMENT

(1.) THE petitioner has prayed for a Certiorarified Mandamus to call for the records relating to the orders of the first respondent dated 21. 8. 1996, 5. 9. 1996 and 14. 10. 1996, to quash the same and to direct the first respondent to appoint eligible candidates who are employees of the temples and the members of the petitioner-Union in strict conformity with the earlier circulars of the first respondent and circular dated 4. 8. 1995.

(2.) THE petitioner in this writ petition is a Trade Union registered under the Trade Unions Act and recognised by the Government of Tamil Nadu. It has branches all over the State. According to the petitioner Union, in the matter of filling up of vacancies in the various temples under the control of the H. R. and C. E. Department, as there was no uniform procedure, the Commissioner had issued various circulars dated 7. 2. 1989, 22. 5. 1992, 16. 6. 1993, 15. 3. 1995 and 4. 8. 1995. According to the petitioner, the following are the salient features of the guidelines:

(3.) IT is further stated that the employees of the temple are paid from and out of the funds of the temple and as there was no uniformity in the scale of pay between smaller posts in the various temples, several representations were made by the Unions. The Commissioner had issued circulars to fill up vacancies which arise in temples by calling for applications from all the employees in the region with a view to provide employment opportunities with better service conditions. The first respondent had also issued a circular on 20. 7. 1992, directing strict adherence to the circulars by all the Executive Officers and that while filling up vacancies arising in any temple, first preference has to be given to the staff working in that particular temple on the basis of seniority. The petitioner-Union contends that the said circular dated 20. 7. 1982 has not been rescinded or modified.