IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 08-07-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.27635 of 2006 (O.A.No.2335 of 1996) 1.M.Maria Joseph 2.M.Loganathan .. Petitioners. Versus 1.State of Tamil Nadu, rep. by its Secretary to Government, Labour and Employment Department, Fort St. George, Madras-600 009. 2.Director of Employment and Training, Chepauk, Madras-600 005. 3.C.Jamuna 4.S.Rama Murthy 5.Hadi Basha 6.P.Seshamma 7.G.Subramanian 8.A.Ganesan 9.T.N.Kannan 10.M.Chakrapani 11.R.Rengarajan 12.R.Mani .. Respondents. Prayer: This petition has been filed seeking for a writ of Certiorarified Mandamus, to call for the records and quash the Procs.N.NIr.3/38079/95, dated 29.3.1996; to consider and promote the applicants herein to the post of Junior Employment Officers with effect from the date of their immediate Junior have been promoted to the post; and consequently, direct the respondents 1 and 2 to give all monetary and other attendant benefits to the applicants. For Petitioners : Ms.Sudha Ramalingam For Respondents : Mr.T.Seenivasan Additional Government Pleader O R D E R
This petition has been filed seeking to call for the records in Procs.No.Nir.3/38079/95, dated 29.3.1996, and quash the same and for a consequential relief to consider and promote the petitioners herein to the post of Junior Employment Officers with effect from the date of the promotion given to their immediate Juniors and to direct the respondents 1 and 2 to give all monetary and other attendant benefits to the petitioners.
2. The petitioners were recruited through the Tamil Nadu Public Service Commission as Typists, on 10.5.63 and 19.7.65, respectively, in the Department of Employment and Training. They had worked as Typists for a period of ten years. Thereafter, the second respondent had set up a separate Data Processing Unit and had called for volunteers from the Department of Employment and Training for posting as Machine Operators and Key Punch Operators. Those, who had possessed Pre-University Certificate were entitled for posting as Machine Operators and those with S.S.L.C. Qualification may be posted as Key Punch Operators. The first petitioner had passed Pre-University Course and the second petitioner had the S.S.L.C. Qualification. Since they had volunteered for posting as Machine Operator and Key Punch Operator, respectively, in the Data Processing Unit, they were so appointed by way of recruitment by transfer, on 1.7.73. At the time of appointment in the Data Processing Unit, they were made to understand that they would continue to hold the lien in the parent Department. When the petitioners were working in the Data Processing Unit, they were temporarily promoted as Assistants vide order, dated 1.12.76, in the second respondent parent Department. Their services as Assistants were regularised vide order, dated 12.8.77. In spite of their names finding a place in the seniority list of Assistants issued vide order, dated 29.5.80, they have not been given further promotions. In such circumstances, the petitioners have filed an original application in O.A.No.2335 of 1996, which has been transferred to this Court and re-numbered as W.P.No.27635 of 2006.
3. Even though a detailed reply affidavit has been filed on behalf of the respondents denying the claims made by the petitioner, the learned counsel appearing on behalf of the petitioners had submitted that it would suffice if the respondents are directed to consider the claims of the petitioners, on merits, and in accordance with law, in view of the earlier order passed by this Court, on 01.08.2007, in W.P.Nos.15354 and 15355 of 2006, wherein a direction had been sought for to direct the respondents to implement G.O.Ms.No.1, Labour and Employment Department, dated 3.1.1995, and to further direct the respondents to appoint the petitioners as Junior Employment Officers and to give them seniority, scale of pay and all other consequently benefits on par with their immediate juniors in the second respondent Department. Paragraph 8 of the counter affidavit filed in the above mentioned writ petitions reads as follows:-
“It is submitted that the respondent had given the applicants their original seniority in the post of Assistant. Consequent on their reversion as Assistant and by virtue of their restored seniority in the post of Assistant, they are liable to be promoted as Junior Employment Officer, but they have not fulfilled the pre-requisite conditions of two years of service in the post of Assistant. Taking a sympathetic view of their case and on representations received from the applicants, the second respondent had already written to the first respondent for relaxing the rules pertaining to possession of a minimum of two years of service in the post of Assistant to become eligible for promotion to the post of Junior Employment Officer in favour of three individuals including the two applicants. The matter is under consideration of the Government.”
4. Quoting Paragraph 8 of the counter affidavit filed in the earlier writ petitions, this court had passed an order directing the first respondent therein to consider the proposal made by the second respondent, which was admittedly, pending with the first respondent, and to pass appropriate orders thereon, within a period of two months from the date of receipt of a copy of the order.
5. The learned Additional Government Pleader appearing on behalf of the first and second respondents had no objection for this Court to pass a similar order.
6. In view of the submissions made by the learned counsels appearing for the petitioner, as well as the respondents, the first respondent is directed to consider and dispose of the representation of the petitioner, dated 28.2.95, on merits and in accordance with law, taking note of the order passed by this Court in W.P.Nos.15354 and 15355 of 2006, within a period of twelve weeks from the date of receipt of a copy of this order.
The writ petition is disposed of with the above directions. No costs.
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To
1. The Secretary to Government,
State of Tamil Nadu,
Labour and Employment Department,
Fort St. George, Madras-600 009.
2.Director of Employment and Training,
Chepauk,
Madras 600 005