KARMAVEERAR KAMARAJAR SECTION WRITERS PROGRESSIVE ASSOCIATION Vs. CHIEF ELECTORAL OFFICER & PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC (ELECTIONS V) DEPARTMENT, SECRETARIAT, FORT ST GEORGE, CHENNAI

JUDGEMENT

(1.) The relief sought for in this writ petition is to forbear the respondents 2 and 3 from terminating the services of the members of the petitioner-Association from the post of Section Writers and consequently, allow the members of the petitioner-Association to continue in service as Section Writers on par with similarly placed Section Writers working in other Districts, with the benefits of consideration for regularisation of services based on the proposals issued by the first respondent.

(2.) The very relief sought for by the members of the writ petitioner-Association to forbear the respondents 2 and 3 from terminating the service is based on certain apprehensions. Even to raise such an apprehension, the writ petitioner-Association, at the first instance, have to establish their legal rights. Only in the event of establishing their legal rights, apprehensions, if any, raised can be considered by this Court in a writ proceeding. In the absence of establishing any such legal right, the writ petitioner-Association, cannot seek any relief based on certain apprehensions. This being the principles, the facts of the case are to be considered in the light of the above principles.

(3.) The members of the writ petitioner-Association were engaged as Section Writers on temporary basis to complete certain election related works in the respondent Office. The respondent engaged mainly Section Writers for the purpose of completing the election related works. The claim of the writ petitioner-Association is that they are working continuously for many years as temporary employees and therefore, they must be absorbed.