U CHINNAMARIAPPAN Vs. STATE

JUDGEMENT

(1.) The relief sought for in this writ petition is to call for the records in relation to the order of rejection passed by the third respondent dated 19.06.2010 and to consider the petitioners for granting permanent status in the post of sanitary workers in third respondent's institution.

(2.) The learned counsel for the writ petitioners states that the writ petitioners were working as Sanitary Workers in the third respondent Medical College & Hospital, Thoothukudi. The service certificate issued by the Dean of the Medical College & Hospital, Thoothukudi is enclosed along with the typed set of papers. The service certificates state that the writ petitioners were recruited by outsourcing agent i.e., Mrs.Sudha Labour Welfare Society, 49-B-11, Ponnagaram, Thoothukudi 5. Thus, all the writ petitioners were recruited by out sourcing agent namely, Mrs.Sudha Labour Welfare Society. The writ petitioners are working as outsourcing employees from the year 2002 onwards. The claim of the writ petitioners are that after establishment of a Medical College at Thoothukudi, the Head Quarters Hospital also was taken over along with the Hospital.

(3.) Under these circumstances, the staff working in Government Hospital were not taken over, in spite of the fact that the Government prescribed certain norms at the time of the Constitution of the Medical College at Thoothukudi. The writ petitioners had joined as Sanitary Workers on various dates in the year 2002 and treated as contract outsourcing employees and even after the Constitution of the Medical College, they are working in the Government Head Quarters Hospital and the permanent status in a sanctioned post has not been accorded to these writ petitioners. Thus, the writ petitioners are constrained to move the present writ petition.