V.ANANDASELVI Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the respondents to allow the petitioner to continue to work as Data Entry Operator in the Taluk Offices and Tamil Nadu Civil Supplies Department and consequently regularize the services of the petitioners with all consequential monetary and other attendant benefits. All the writ petitioners were engaged as Data Entry Operator in the office of the Special Tahsildar (Civil Supply). The learned counsel for the writ petitioner states that all the petitioners are fully qualified for appointment to the post of Data Entry Operator and these petitioners are working for a considerable length of time and therefore they are entitled to be regularized in the sanction posts in the regular time scale of pay. The petitioners are appointed in the year 2008 and their services are still to be regularized. The writ petitioners are working on consolidated pay and despite the fact that the works are available in the Taluk Office and they were not regularized in the sanction post.

(2.) The learned counsel for the fifth respondent disputed the contentions by stating that ELCOT is a outsourcing agency engaged by the Government for the purpose of recruiting the candidates for the post of Data Entry Operators on temporary basis for consolidated pay. The terms and conditions of the appointment itself reveals that the writ petitioners were appointed on consolidated pay on temporary basis. This apart, they were not appointed by the State, more so, by the Competent Authority and therefore the writ petitioners are not entitled for regularization and permanent absorption. It is emphasized that the fifth respondent ELCOT is an outsourcing agency and therefore, the very claim set out in the present writ petition deserves no consideration at all.

(3.) The learned Additional Government Pleader appearing for the respondents 1 to 4 also disputed the contentions raised by the writ petitioners by stating that in respect of the interim order relied on by the writ petitioners in W.P.Nos.30857 and 29499 of 2015, the Principal Bench of the Madras High Court passed final judgment on 19.09.2018. The writ petition was rejected and the benefit of regularization was not granted to those petitioners who were also engaged as Data Entry Operators.