V PARAMESWARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) COMMON Order: In W.P.No.25092 of 2008, the petitioner seeks a Writ of Declaration declaring that the action of the respondents 1,2,4,5 and 6 in terminating the petitioner services with effect from 16.5.08 and the action of the 3rd respondent in refusing to register the service certificates in Employment Exchange for giving preference in appointment as illegal and consequently direct the respondents 1,2,4,5 and 6 to reinstate and absorb the petitioner as driver from the date of his original appointment.

(2.) MR. E. Renganayaki, learned counsel takes notice for the respondent.

(3.) ACCORDING to the petitioners, after the change of ruling party in the State in May 2006, the present Government took a policy decision to do away the contractual appointment which was introduced by the then Government through outsourcing. Therefore, the agreement with the Contractor was not renewed after 31.08.2006. ACCORDING to the petitioners, they have been permitted to work in their post, even after the expiry of the agreement by the concerned medical officers. However, subsequently from 04.01.2008, they are not allowed to work. The Government issued an order in Government Letter No.18329/C2/2007-1 dated 24.05.2007, that the persons employed through outsourcing agency should be given preference and for that purpose, the experience certificate should be issued by the concerned medical officers and the employment officers were directed to register the experience of such candidates. The learned counsel for the petitioners submits that since the petitioners served on contract basis through outsourcing method adopted by the Government and their services having been terminated after the said Government letter dated 24.05.2007, as and when future vacancy arises either in the cadre of Drivers/Sanitary Workers/Hospital Workers, which is coming within the purview of fourth respondent and having regard to the fact that the Government ordered to give preference, they are entitled to get preference in employment as and when vacancy arises.