M MARIA JOSEPH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition has been filed seeking to call for the records in Procs.No.Nir.3/38079/95, dated 29.3.1996, and quash the same and for a consequential relief to consider and promote the petitioners herein to the post of Junior Employment Officers with effect from the date of the promotion given to their immediate Juniors and to direct the respondents 1 and 2 to give all monetary and other attendant benefits to the petitioners.

(2.) THE petitioners were recruited through the Tamil Nadu Public Service Commission as Typists, on 10.5.63 and 19.7.65, respectively, in the Department of Employment and Training. THEy had worked as Typists for a period of ten years. THEreafter, the second respondent had set up a separate Data Processing Unit and had called for volunteers from the Department of Employment and Training for posting as Machine Operators and Key Punch Operators. Those, who had possessed Pre-University Certificate were entitled for posting as Machine Operators and those with S.S.L.C. Qualification may be posted as Key Punch Operators. THE first petitioner had passed Pre-University Course and the second petitioner had the S.S.L.C. Qualification. Since they had volunteered for posting as Machine Operator and Key Punch Operator, respectively, in the Data Processing Unit, they were so appointed by way of recruitment by transfer, on 1.7.73. At the time of appointment in the Data Processing Unit, they were made to understand that they would continue to hold the lien in the parent Department. When the petitioners were working in the Data Processing Unit, they were temporarily promoted as Assistants vide order, dated 1.12.76, in the second respondent parent Department. THEir services as Assistants were regularised vide order, dated 12.8.77. In spite of their names finding a place in the seniority list of Assistants issued vide order, dated 29.5.80, they have not been given further promotions. In such circumstances, the petitioners have filed an original application in O.A.No.2335 of 1996, which has been transferred to this Court and re-numbered as W.P.No.27635 of 2006.

(3.) THE learned Additional Government Pleader appearing on behalf of the first and second respondents had no objection for this Court to pass a similar order.