P.VASANTHI Vs. PRINCIPAL SECRETARY TO GOVERNMENT HEALTH

JUDGEMENT

(1.) The circulars issued by the Mission Director, State Health Society, Tamil Nadu in proceedings dated 15.04.2016, 11.09.2017 and letter dated 27.04.2018 are under challenge in the present batch of these writ petitions.

(2.) Further direction is sought for to direct the 1st respondent namely, The Principal Secretary to Government Welfare Department, to regularize the service of the writ petitioners from the date of initial appointment and allot them as Data Entry Operators or in equal designation as that of the 4th and 5th respondents or the vacancy of Data Entry Operator, within the time frame fixed by this Court.

(3.) The learned counsel appearing on behalf of the writ petitioners contended that all the writ petitioners were admittedly engaged as daily wage employees. However, they are already in service for a considerable length of time as the nature of job is perennial. The writ petitioners are fully qualified for regular appointment to the post of Data Entry Operators and they possess all the requisite qualifications for permanent absorption. It is further contended that such adhoc appointments made during the year 2001 cannot be continued for an unspecified period and in the event of allowing the respondents to engage employees on daily wages for an indefinite period, the same would be in violation of the basic principles of law. The very fact that the writ petitioners are allowed to continue as daily wage employees for many number of years is also evident from the nature of job, which is continuous. Thus, the case of the writ petitioners ought to have been considered by the respondents for the purpose of grant of regularization and permanent absorption in sanctioned posts in the regular time scale of pay. After the merger District Blindness Control Society with the 2nd respondent, the designation of the writ petitioner became District Co-ordinator. The writ petitioners are continuously discharging their duties and responsibilities in the collectorate and they are fully eligible and qualified for permanent appointment. The learned counsel for the writ petitioner states that though the writ petitioners are engaged as daily wage employees under the Government of India Scheme, the post is permanent in nature and the Tamil Nadu State Blindness Control Society was initially constituted for a definite purpose and the mission continues till today and under these circumstances, the service of the writ petitioner is to be regularised.