M GNANASEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WRIT Petition No. 36731 of 2006 filed under Article 226 of the Constitution of India, praying for issuance of a WRIT of Certiorari, after calling for the concerned records relating to the G. O. Ms. No. 155, Personnel and administrative Reforms (P) Department, dated 19. 9. 2006 passed by the first respondent and quash the same. WRIT Petition No. 43626 of 2006 filed under Article 226 of the Constitution of India, praying for issuance of a WRIT of Certiorarified mandamus, calling for the records on the file of the respondent pertaining to the impugned G. O. Ms. No. 155, Personnel and Administrative Reforms Department, dated 19. 9. 2006 and quash the same and consequently direct the respondent to take immediate action or cause initiation of action to fill up all the vacancies accrued in all the posts under the State or other authorities including the vacancies occupied by the temporary appointees, appointed de-hors the relevant statutory rules, by regular appointees immediately either through the TNPSC or through other recruitment agencies by conducting open competition giving equal opportunities to all the qualified citizens. (F. M. Ibrahim Kalifulla, J.) In both these WRIT Petitions, the challenge is to g. O. Ms. No. 155, Personnel and Administrative Reforms (P) Department, dated 19. 9. 2006, passed by the State of Tamil Nadu . By the impugned G. O. , the State Government has decided to conduct a Special Competitive Examination in Group-IV standard through the Tamil Nadu Public Service Commission (hereinafter referred to as 'the TNPSC') so as to absorb temporary Assistants/junior Assistants in secretariat and various Departments in the Districts who are on contract basis in the Tamil Nadu Ministerial Service/tamil Nadu Judicial Ministerial Service. In the light of the said decision, the State Government requested the TNPSC to conduct necessary Special Competitive Examination in Group-IV for those persons.

(2.) W. P. No. 36731 of 2006 has been filed as a Public interest Litigation (hereinafter referred to as'the PIL') by an individual who is a member of the Bar, while W. P. No. 43626 of 2006 has been filed by four unemployed graduates who while seeking for quashing of the impugned G. O. , also seek for a consequential direction to the State Government to fill up all the vacancies accrued in all the posts under the State or other authorities including the vacancies occupied by the temporary appointees by regular appointment through the TNPSC or any other recruiting agency by conducting an open competition giving equal opportunities to all the qualified citizens. Though the said W. P. No. 43626 of 2006 was filed by those four individuals independently, since the former case (W. P. No. 36731 of 2006) was entertained as a PIL, W. P. No. 43626 of 2006 was tagged on and posted together for disposal.

(3.) THE brief facts which are required to be stated are that on 1. 7. 2003, the Government servants working in the Secretariat as well as in the District Administration went on a strike en-masse. THE State Government therefore passed orders dismissing the striking employees. Closely followed by that, the Government issued G. O. Ms. No. 84, Personnel and Administrative Reforms (Per. G) Department, dated 4. 7. 2003 and decided to recruit temporary Assistants to attend to the work in the Departments of the Secretariat. Similarly, by g. O. Ms. No. 85, Personnel and Administrative Reforms (Per. G) Department, dated 4. 7. 2003, the Government decided to recruit temporary Junior Assistants in various Districts. In the said G. O. Ms. No. 84, the Commissioner of Employment and training, Chennai was asked to send a list of eligible candidates to fill up 1000 supernumerary posts and ensure that the candidates are selected and put in position by 7. 7. 2003 insofar as the State Secretariat was concerned. In the g. O. Ms. No. 85, similar such direction was issued to give suitable instructions to all the District Employment Exchanges to send a list of eligible candidates possessing necessary qualification by creating 500 temporary supernumerary posts of Junior Assistants in each District in order to ensure that such candidates are employed on a temporary basis and put in position from 7. 7. 2003 onwards.