VE VAIRAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners praying for a writ of certiorarified mandamus, to quash G. O. Ms. No. 528, Public Works (HK. 2) Department, dated 30. 6. 1995, in so far as it fixes the seniority of the petitioners and to direct the respondents to refix their seniority from the date of their re-appointment in the years 1987-1988 and to give them all benefits based on such refixation of seniority.

(2.) IT has been stated that the petitioners are engineering graduates, who had registered their names in the concerned Professional Employment Exchange. The Chief Engineer of the Highways Department had selected them to fill up the various vacancies in the Highways Department, calling for a list of candidates from the Employment Exchange. As such, they had been working in the Highways Department from the year 1981 upto 1985, under 10 (a) (i) of the General Rules of Tamil Nadu State and Subordinate Rules (hereinafter referred to as "the Rules" ). However, their services were terminated in the years 1985 and 1986, stating that there were no vacancies in the said Department. Subsequently, they were re-appointed in the years 1987-1988, in accordance with G. O. Ms. No. 46,transport dated 7. 1. 1987, under 10 (a) (i) of the Rules.

(3.) IT has been further stated that the petitioners had been making repeated representations to the authorities concerned, including the respondents, seeking regularisation of their services and for the fixation of their seniority. No orders have been passed on their representations. However, 15 Assistant Engineers, were recruited by the Tamil Nadu Public Service Commission, for the Public Works Department of the Government of Tamil Nadu, during the year 1989-1990, contrary to the norms of recruitment and in violation of the Tamil Nadu Highways Engineering Service Rules and they were placed in the list of seniority, just below those who had been selected during the year 1982 and above the petitioners. By the impugned Government Order, dated 30. 6. 1995, the petitioners were regularly appointed in service, with effect from the respective dates mentioned in Column 2 of the said Government Order. However, the Government had directed that the regularisation shall not confer any right on seniority and that they would be placed below the candidates selected by the Public Service Commission, in the list of Selection made in accordance with the approved list of the year 1992. Aggrieved by the fixation of their seniority below the candidates selected by the Tamil Nadu Public Service Commission in the year 1982, the petitioners had preferred the present writ petition before this Court, under Article 226 of Constitution of India.