G MANI Vs. DEPUTY COMMISSIONER COMMERCIAL TAXES

JUDGEMENT

(1.) (Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to regularize the services of the petitioner from the date of appointment i.e. From 19.10.1989 and grant all consequential benefits. prayer amended as per order of this Court, dated 23.4.2008, in M.P.No.1 of 2008 in W.P.No.20449 of 2006) It is stated by the petitioner that he was selected through the employment exchange and appointed as a Typist in the office of the second respondent, on temporary basis, on 19.10.1989. From the date of his appointment, he has been working, continuously, till date. The petitioner has written the special qualifying examination conducted on 25.6.1995, for regularization of the services of the temporary candidates, in pursuance of G.O.Ms.No.433, dated 14.12.1993. The Government has also stipulated that persons appointed prior to 15.5.1991 shall not be ousted from service unless the candidates selected by the service commission are appointed. While so, the Director of Survey and Settlement has allotted candidates employed in the said Department, on consolidated pay, to the Vellore Division of the Commercial Taxes Department, in pursuance of G.O.Ms.No.248, Revenue Department, dated 23.3.1993. Pursuant to the said allotment, the first respondent had also allotted candidates to the office of the second respondent. Thus, the continuance of the petitioner in service has come under serious threat.

(2.) IT has also been stated that the petitioner had completed six years of service as on the date of the filing of the original application and as per the order passed by the Tamil Nadu Administrative Tribunal, in O.A.No.3002 of 1991, the petitioner is entitled to be regularized in service. The order of the Government made in G.O.Ms.No.433, dated 14.12.1993, makes it clear that all the vacancies of the years 1994 and 1995 are reserved for the candidates taking the special qualifying examination. The petitioner has written the special qualifying examination and he is fully qualified to hold the post. While so, the persons coming from the survey department had been directed to acquire the technical qualification in Typewriting, within two years from the date of the appointment. They were not required to take the special qualifying examination. In such circumstances, the petitioner had filed an original application in O.A.No.7089 of 1995, which has been transferred to this Court and renumbered as W.P.No.20449 of 2006.

(3.) IN reference No Rc.B2/4871/95, dated 18.4.1995, the first respondent had addressed the Tamil Nadu Public Service Commission to allot Typists to terminate the temporary incumbents. IN the meanwhile, the Tamil Nadu Public Service Commission had called for the present vacancy position in the Unit. Accordingly, the first respondent had issued the vacancy position taking into account the temporary typists also. The Chairman, the Tamil Nadu Public Service Commission has furnished the list of vacancies received from various unit officers in D.O. Letter No.6141/CD-A4/90, dated 8.9.1995, addressed to the Chief Secretary to the Government. As per G.O.Ms.No.50, Personnel and Administrative Reforms Department, dated 14.2.1995, vacancies in the posts of Junior Assistants and Typists are to be filled by appointment of Junior Assistants-cum-Typists. The Secretary to Government, Personnel and Administrative Reforms Department, had requested the Director of Survey and Settlement, Madras, to sponsor the names of qualified surveyors/draftsmen, including section writers for appointment in the above posts in accordance with the guidelines prescribed in G.O.Ms.No.248, Revenue, dated 23.3.1994. Accordingly, the candidates appointed under Rule 10 (a) (i) of the General Rules were to be ousted.