THE SECRETARY TO GOVERNMENT OF TAMIL NADU, HIGHWAYS DEPARTMENT, SECRETARIAT, CHENNAI Vs. K. CHINNUSAMY AND ORS.

JUDGEMENT

(1.) These set of writ appeals have been filed by the Government as against the orders of the learned Single Judge dated 20.04.2012 passed in W.P.Nos.11226 to 11231 of 2012, dated 26.07.2012 passed in W.P.No.19959 of 2012, dated 12.06.2013 passed in W.P.No.15514 of 2013, dated 12.06.2013 passed in W.P.No.15594 of 2013, dated 25.06.2013 passed in W.P.No.17102 of 2013, dated 17.07.2013 passed in W.P.No.19470 of 2013 and dated 18.07.2012 passed in W.P.Nos.17900 and 17878 of 2012 respectively.

(2.) The learned Single Judge of this Court, by a common order dated 20.04.2012, in the group of writ petitions in W.P.Nos.11226 to 11231 of 2012 and on 26.07.2012 in W.P.No.19959 of 2012, on 12.06.2013 in W.P.No.15514 of 2013, on 12.06.2013 in W.P.No.15594 of 2013, on 25.06.2013 in W.P.No.17102 of 2013, on 17.07.2013 in W.P.No.19470 of 2013, and on 18.07.2012 in W.P.Nos.17900 and 17878 of 2012, issued a writ of mandamus directing the respondents therein/appellants herein to appoint the writ petitioners/respondents herein as Gang Mazdoors in the existing or future vacancies, within a period of three months from the date of receipt of copy of that orders.

(3.) These writ appeals are arising out of the above writ petitions filed by the writ petitioners, who are employed as Gang Mazdoors, under the third respondent in the aforesaid writ petitions and having served for several years, the writ petitioners/respondents herein were engaged in the work of maintaining the road. According to the writ petitioners, they have got minimum prescribed qualifications and they are residing in the nearby villages, but they were not provided with any employment. Referring to G.O. Ms.No.371, Highways (HM2) Department, dated 19.08.1997, the Government created about 9813 posts of Gang Mazdoor. Though the writ petitioners and others were having requisite educational qualifications, they were not appointed in the said posts. Further, referring to G.O.Ms.No.184, Highways (HM2) Department, dated 29.05.1997, the Government created 764 posts of Gang Mazdoor to absorb the existing N.M.Rs. During the pendency of the above writ petitions, similarly placed persons have filed a writ petition in W.P.No.36623 of 2004, seeking to absorb them as N.M.Rs. and to regularise their services and the said writ petition was disposed of by the learned single Judge of this Court on 09.12.2005, directing the respondents therein to regularise the services of those applicants, who have been working for three years and more as N.M.Rs. with short breaks in their posts. Especially, it is being noted that even if there is a gap of more than three months between the period of termination and re-appointment, that period has to be excluded in computing the three years period and thereby, directed to identify the persons, who have been working for three years and more as N.M.Rs. with short breaks and depending upon the needs, those casual workers/N.M.Rs., who have been working for less than three years, shall continue to be engaged, according to the seniority and eligibility, till their services are regularised in a phased manner and they have to be continued depending upon the financial constraints.