ASAITHAMBI Vs. SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION

JUDGEMENT

(1.) The brief facts of background of the case are as follows:

(2.) The Parents Teachers Association (PTA) had appointed various persons for the posts of Office Assistants, Night Watchmen, Watchmen, Sweepers, Water Supply Attendant, etc., on ad hoc basis and these appointed persons had been serving in various schools for more than ten years on consolidated wages of approximately Rs.1,500/- p.m. The Government of Tamil Nadu had issued an order in G.O.Ms.No.47, School Education Department, dated 02.03.2012 whereby 5000 Sweepers and allied non-Teaching Staff were sought to be recruited on Special Scale of Pay. Some of the persons who were earlier appointed by the PTA and who had been serving in the Schools for a considerable period, had made a representation to the respondents to consider them for regularization of their services. When the appointments under G.O.Ms.No.47 was sought to be made, the Government, in certain cases, had rejected the claim of these ad hoc appointees stating that they were not properly appointed and that the caste reservation and age criteria were not taken into consideration at the time of ad hoc appointments. Further, the Government had also pointed out that these appointments were made on the basis of PTAs recommendations and hence, their services cannot be regularized and accommodated under G.O.Ms.No.47, dated 02.03.2012. Aggrieved against the rejections, these ad hoc appointees had filed these writ petitions before this Court.

(3.) Certain ad hoc appointees, whose recommendations were not considered, had also filed writ petitions, seeking Writ of Mandamus directing the respondents to regularize their services, since the Government had taken a decision to appoint 5000 Sweepers and allied employment under G.O. Ms.No.47 dated 03.02.2012.