R MUTHUKRISHNAN Vs. REGISTRAR TAMIL NADU ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE petitioners have filed these writ petitions praying for the issuance of writ of certiorarified mandamus to call for the records relating to the common order made in O.A.Nos. 4104 of 1992, 5834 of 1994, 9574 of 1997, 74 of 1999, 4284 of 1999, 6917 of 1993 and 4914 of 1999 dated 10.09.2003 on the file of the 1st respondent quash the same and consequently direct the respondents 2 and 3 to cancel the appointments made by direct recruitment to the post of Labour Officer.

(2.) THE original applications have been filed by the 5th respondent Association challenging the Advertisement No.20/99 dated 14.08.1999 issued by the 4th respondent in "Dinakaran" daily and to direct the respondents to fill up the arising vacancies in the category of Labour Officers by following Rule 6(a) of the General Rules read with Special Rule 2 of the Tamil Nadu State and Subordinate Service Rules.

(3.) THE 5th respondent Association have also relied on Part I Paragraph VIII of the Government Order No.368, Personnel and Administrative Reforms Department, dated 18.10.1993, which declares the mandatory procedure to be adopted by the respondents to estimate vacancies to be filled up by direct recruitment in the following words:-(a) Vacancies that are expected to arise by the retirement of permanent incumbents in the panel year for which recruitment is made and(b) Vacancies that are expected to arise by the retirement of Permanent incumbents in the panel year previous to the date when the vacancies for direct recruitment are due to be estimated.1. Appointment and Confirmation of Permanent incumbent in another service. 2. Death of permanent incumbent - and3. Permanent retention of a temporary post.