LAWS(MAD)-2019-8-244

G.BALASUBRAMANIAN Vs. GOVERNMENT OF TAMIL NADU

Decided On August 07, 2019
G.BALASUBRAMANIAN Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The relief sought for in these writ petitions is to direct the respondents to absorb the petitioners to the post of Driver as requested by them in their respective representations.

(2.) The Tuticorin Government Medical College had started functioning from the year 1999 onwards. On account of the urgency, appointments were made through private contract agency, namely, Shiva Industrial Security Agency. Through an outsourcing method, the writ petitioners were appointed as Drivers in the fourth respondent's college, based on the letter, dated 03. 03. 2005, issued by the third respondent. The fourth respondent/Dean of the medical college appointed the writ petitioners and they are working in the post more than 10 years as Drivers. The petitioners were appointed on consolidated pay salary and surprisingly, an order of termination was issued to the writ petitioners. The order of termination dated 14. 09. 2015 was passed without considering the fact that these writ petitioners were appointed based on the Government order issued in G. O. No. 1139. The Government also accorded sanction for revival and for further continuance of temporary posts of Drivers through an outsourcing agency. The Government ratified the action of the fourth respondent in engaging temporary Drivers on consolidated pay.

(3.) The learned counsel appearing on behalf of the writ petitioners states that similarly placed persons were considered for permanent absorption and those 23 contract labourers, who were working in the post of Attendant, Lab Technician and Junior Assistant were absorbed on permanent basis and the case of the Drivers alone has not been considered by the respondents. Thus, the petitioners are constrained to move the present writ petitions.