M RAJESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THOUGH the miscellaneous petitions are listed today, by consent of both sides, the writ petitions are taken up for final disposal.

(2.) ALLEGING that they have been discriminated in the matter of public employment thereby violating Articles 14 and 16 of the Constitution of India, the petitioners who are diploma holders in Civil Engineering have come to this Court with these two writ petitions. The petitioners in W.P.No.14222 of 2008 belong to Tiruvannamalai District and the petitioners in W.P.No.14407 of 2008 belong to Dindigul District.

(3.) ADMITTEDLY, in all the districts except Thiruvannamalai District and Dindigul District, the recruitment for Technical Assistants was made through the first method namely, through employment exchange by the respective District Collectors. There were 120 posts of Technical Assistants created in the district of Thiruvannamalai and 59 posts of Technical Assistants in Dindigul District. But the District Collectors of Thiruvannamalai and Dindigul Districts did not choose to appoint Technical Assistants through employment exchange and instead, they adopted the second method of engaging Technical Assistants through outsourcing agencies. The petitioners were appointed by an outsourcing agency known as "Master Consultancy and Security Service" having its head office at Thiruvannamalai. From the call letters filed along with the typed set of papers it could be seen that "Master Consultancy and Security Service" conducted interview on various dates at the office of the said agency and appointed them. Thereafter, the petitioners in W.P.No.14222 of 2008 were engaged by the District Collector of Thiruvannamalai District as Technical Assistants. Similarly the petitioners in W.P.No.14407 of 2008 were engaged by the District Collector, Dindigul as Technical Assistants. It is to be remembered that the petitioners have got their names registered in the respective local employment exchanges. Since the District Collectors of Thiruvannamalai and Dindigul did not go for the first method through employment exchange, the petitioners allege that they could not be recruited through employment exchange under the first method. After such appointment, there was no difference between the Technical Assistants appointed through employment exchanges in other districts and the Technical Assistants appointed through outsourcing agencies in terms of qualification, tenure, salary, the nature of training and the nature of the work.