D.KARTHIKEYAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The present writ petition is filed to quash the G.O.Ms.No.276, Environment and Forest (FR-6) Department, dated 13.12.2012 and the proceedings of the second respondent herein in Endt.No.TBGP6/15/2012 dated 28.12.2012 and to direct the respondents to continue the services of the petitioners as Data Entry Operators in Tamil Nadu Biodiversity Conservation and Greening Project, on the basis of their service and performance until their regular absorption in the Forest Department.

(2.) The learned counsel for the petitioners states that the petitioners were initially engaged as Computer Operator on daily wages basis during the year 2001 and they are working continuously for more than 11 years. The petitioners state that they are fully qualified for appointment to the post of Computer Operator and therefore they are entitled to be regularised and permanently absorbed in the sanctioned posts. The Government issued G.O.Ms.No.276, Environment and Forest (FR-6) Department, dated 13.12.2012 issuing Operation manual for the Project management unit of "Tamil Nadu Biodiversity Conservation and Greening Project"?. Accordingly, the staffs are engaged on contractual basis as well as the employment of contractual staff through outsourcing. The contractual staff of the Project Management Unit / Divisional Management Unit shall be recruited from two sources namely by engaging the retired staff from the Tamil Nadu Forest Department or through open market through outsourcing. The said amendment made in the operation manual of Project management Unit of Tamil Nadu Biodiversity Conservation and Greening Project is under challenge in the present writ petition.

(3.) The writ petitioners were engaged on daily wage basis. Their initial appointment was not in accordance with the recruitment Rules in force. The writ petitioners were engaged on daily wages basis to work under the project namely Tamil Nadu Biodiversity Conservation and Greening Project. Thus, the very claim set out in the writ petition is untennable. The writ petitioners were not appointed in accordance with the recruitment Rules in force nor they were appointed by the competent authority by following the selection process. In fact, these writ petitioners were engaged in a project to perform the duties of a Computer Operator and therefore, the petitioners cannot claim the benefit of regularization or permanent absorption nor they are entitled to challenge the mode of selection amendment in the impugned G.O.Ms.No.276, Environment and Forest (FR-6) Department, dated 13.12.2012.