IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.10.2010 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.Nos.9574, 8872, 8883, 9291, 8881 and 9285 of 2009 And M.P.Nos.2, 2, 2, 2, 1 and 1 of 2009 1.M.Rajarathinam 2.K.Jegathratchagan 3.R.Jeevanandham 4.V.Kokila 5.M.Paulraj ... Petitioners in W.P.No.9574 of 2009 1 K.RAJENDRAN 2 M.BALAKUMAR 3 G.AYYASAMY 4 D.THANIKACHALAM, 5 R.DURAI ... Petitioners in W.P.No.8872 of 2009 M.INDRAJITH P.KANNUSAMY G.KALAIMANI M.MANI P.RAMASAMY A.RADHAKRISHNAN K.SENTHILKUMAR M.A.SHAHUL HAMEED L.SANGAPILLAI V.PONNAMBALAM B.CHENTHILNATHAN B.NAGARAJAN ... Petitioners in W.P.No.8883 of 2009 1. A. Kanagamuthu 2. C. Kesavan 3. S. Sharmila ... Petitioners in W.P.No.9291 of 2009 J.JUSTINE DIRAVIAM K.RAJENDRAN A.HARIHARASUBRAMANIAN U.MANI @ GANAPATHIAPPAN A.PERUMAL S.MURUGAN https://hcservices.ecourts.gov.in/hcservices/ S.RAMARAJ R.KULATHURAN K.PRABAKAR ... Petitioners in W.P.No.8881 of 2009 TAMIZHNADU VARAIARUKKAPADATHA PANIYALARGAL SANGAM (REG. NO.106 OF 2008) CHENNAI 75. ... Petitioners in W.P.No.9285 of 2009 Vs 1.State of Tamilnadu, rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai 600 009. ...Respondents in all Wps 2.The Director of Town Panchayat, Kuralagam, Chennai 108. ...Respondents in all Wps 3.The District Collector, Tiruchirappalli District, Tiruchirappalli. ...3rd Respondent in W.P.9574, 8872/09 4.The Chairman, Tamil Nadu Public Service Commission, Govt. Estate, Chennai 600 002. ...4th Respondents in WPs.9574, 8872, 9291/09 District Collector Villupuram ...3rd Respondent in W.P.8872/09 District Collector Karur ...3rd Respondent in W.P.8883/09 District Collector Pudukkottai ...3rd Respondent in W.P.9291/09 District Collector Tirunelveli ...3rd Respondent in W.P.8881/09 The Secretary TNPSC, Government Estate Chennai-2 ...3rd Respondent in W.P.9285/09 ..4th respondent in W.P.8881, 8883/09 https://hcservices.ecourts.gov.in/hcservices/ Prayer in W.P.No.9574 of 2009: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of Writ forbearing the respondents from filling up the post of Bill Collector / Office Assistant / in Town Panchayat Services in Tiruchirappalli District without considering the promotion for the petitioner as per G.O.150, MAWS Department dated 19.08.1998 and as per the proceedings of the third respondent in Na.Ka.No.3039/2005/TP2 dated 02.02.2007 and further direct the respondents to promote the petitioner to the post of Bill Collector/Office Assistant/ with all consequential service and all attended benefits. to Issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, forbearing the respondents from accommodating the Tamil Nadu Public Service Commission candidates in the 20% vacancies in the post of Junior Assistant which is exclusively reserved for the petitioners as per G.O.Ms.No.150 Municipal Administration and Water Supply Department, dated 19/08/2009 without first promoting the petitioners as Junior Assistant in the 20% reserved vacancies in the post of Junior Assistant as per G.O.Ms.No.150 Municipal Administration and Water Supply Department dt.19/08/1998 WP.No.8872/2009; to issue a writ of mandamus or any other appropriate writ order or direction in the nature of writ forbearing the respondents from filling up the post of Junior Assistant/Bill Collector in Town Panchayats services in Karur District without considering the promotion for the petitioners as per G.O.150 MAWS Dept. dt.19/8/98 and as per the panel issued by the 3rd respondent in Na.Ka.No.3581/2004/TP2 DT.12/3/05 and further direct the respondents to promote the petitioners to the post of Junior Asst./Bill Collector with effect from 1998 with all consequential and attendant benefits. (W.P.No.8883 of 2009) to issue a writ of mandamus or any other appropriate writ order of direction in the nature of writ forbearing the respondents from filling up the post of Junior Assistant/Bill collector in Town Panchayat services in Tirunelveli District without considering the promotion for the petitioner as per G.O.150 MAWS Department dt. 19.8.98 and as per the proceedings of the third respondent in Na.Ka.No.3006/05Pa 2 dt. 19.12.06 and further direct the respondents to promote the petitioner to the post of Junior Assistant/Bill Collector with all consequential service and all attended benefits (W.P.No.9291/2009) https://hcservices.ecourts.gov.in/hcservices/ Issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, forbearing the respondents from filling up the post of Junior Assistant / Bill Collector in Town Panchayat services in Tirunelveli District without considering the promotion for the petitioners as per G.O.150 Municipal Administration and Water Supply Department, dated 19/08/1998 and as per the proceedings of the third respondent in Na.Ka.No.2840/07Pa 2 dated 05.11.07 and further direct the respondents to promote the petitioners to the post of Junior Assistant / Bill Collector with all consequential service and all attended benefits (WP.No.8881/2009;) Directing the Respondents to confine the appointments to the post of Junior Assistants and Bill Collectors in Town Panchayats to the number notified by teh 3rd Respondent in Advertisement No.142 dt.6/12/07 and thereby appoint the members of the Petitioners Association by transfer to the remaining posts of Junior Assistants and Bill Collectors in Town Panchayats in terms of G.O.Ms.No.150 Municipal Administration and water supply dt.19/8/98.(W.P.No.9285 of 2009). For Petitioners : Mr.S.Ramesh in W.P.No.9574 of 2009 For Respondents : Mr.V.Arun, A.G.P. for R1 to R3 in W.P.No.9574 of 2009 Mr.Mr.K.Surendranath, S.C. for R4 TNPSC in W.P.No.9574 of 2009 COMMON ORDER At the time of admission, following the interim direction issued in W.P.No.9392 of 2009, this Hon'ble Court has passed an interim direction directing the respondents to reserve five vacancies in the cadre of Bill Collector/ Office Assistant in Tiruchirappalli District pending disposal of the writ petition in M.P.No.2 of 2009 in W.P.No.9574 of 2009. 2.When the matter is taken up, the learned Additional Government Pleader brought to the notice of this Court the orders passed in the batch of cases in W.P.No.8872 of 2009 etc., batch dated 14.05.2009, wherein his Lordship has culled out the undertaking given by the Additional Government Pleader in respect of the cases. Paragraph 2 which is the relevant portion reads as follows: "2.Today, the learned Additional Government Pleader has produced a written instruction issued by the Joint Director, Directorate of Town Panchayats, Chennai dated https://hcservices.ecourts.gov.in/hcservices/ 12.05.2009. In the said instruction, it has been stated as follows:- "As per the above statement it is quite clear that No of vacancies reserved for the basic servants at the rate of 20% have been excluded and reserved for them for which proposals have been sent to Govt. and which is under consideration." and also the Judgment of this Hon'ble Court in W.P.No.3646 of 2008 dated 15.02.2008 in which the relevant portion reads as follows: "3.Today, the learned Additional Advocate General would submit that the estimate of Vacancies had been drawn up by the Director of Town Panchayat and the impugned notification shows that it is only for the 80% vacancies, the applications have been called for. Hence the petitioners need not fear that G.O.Ms.No.150 will be overlooked while appointments are made through Tamil Nadu Public Service Commission. The following paragraphs in the file produced by the learned Additional Advocate General is recorded. "4.The employees who are working in the Non provincialised posts may get the benefit of promotion as Junior Assistants, Bill Collector from the feeder categories in Non- Provincialised staff (Record Clerk, Office Assistant, Night Watchman, Sanitary Supervisor, Sanitary Worker, Water Supply Worker etc.) the Government have issued order, providing 20% reservation (Out of the yearly Total Vacancies) of the above staff vide G.O.No.150 MA & WS Department Dated 19.08.1998. But, as per the instructions given in the above G.O. a committee consisting the members of the Assistant Director (Panchayats), Assistant Director of Town Panchayats, under the Chairmanship of the District Collector was framed in the Districts, and the committee should send proposal to the Government through the Commissioner of Town Panchayat. After obtaining the concurrence from the TNPSC, necessary orders have been issued by the Collector. 5.As per the above instructions given in the G.O. the proposals in respect of following districts orders have been already issued 1) Thiruvallur 2) Kanyakumari 3) Krishnagiri 4) https://hcservices.ecourts.gov.in/hcservices/ Coimbatore. The petitioners averent that no order passed from 1998 is wrong and not correct. Further, as per the G.O.No.150 MA & WS Dept 19/8/98, the proposals for the following Districts i.e. Kancheepuram, Dharmapuri, Erode, Thanjavur, Dindigul, Sivagangai, Ramanathapuram, Viruthunagar, Kanyakumari and Nagapattinam Districts have been sent to the Government vide Rc.No.1285/07 A2 dated 5.6.2007, 22482/06 A2 Dt 17.4.2007, 14248/06 A2 Dt.26.12.06, 4480/03 A2 Dt.4.2.06, 6395/07 A211.07.07, 11688/04, A2 Dated 20.08.2005 9469/06 A2 Dt 14.07.2006, 4338/2007 A2 Dt 18.05.2007, 9240/2006A2 Dt 22.06.2006, 9216/2005 A2 20.08.2005. In respect of Vellore, Nilgiris, Trichy, Madurai, Theni, Thiruvallur, Pudukottai, Perumballure, proposals have been called for. Consequent on the ban imposed by the Government 2001 to 2006 on direct recruitment no posts were filled up. On lifting ban the District Collector is the appointing authority is taking necessary steps to fill up the vacancy in the cadre of Junior Assistant, Bill Collector, Typist as per the norms fixed in the above G.O. On the receipt of the above proposals from the District Collector, the same may be sent to government for approval. The Estimate of Vacancy for the post of Junior Assistant, Bill Collector, Typist was approved by the Staff Committee consisting of Secretary MA & WS, Secretary P & AR, Secretary (Finance) and Chief Secretary to Government vide G.O.No.44 MA & WS Department 6.2.2007 as detailed below. Junior Assistant – 401 Bill Collector – 523 Typist - 15 939 Total Vacancies - 1274 20% Reservation - 255 No. of posts as Compassionate grounds - 80 TNPSC Notification https://hcservices.ecourts.gov.in/hcservices/ 6.Only after deducing the 20% reservation remaining posts have been approved by the staff committee for direct recruitment." 4.In view of this, no further orders are necessary in the writ petition. The writ petition is closed. The petitioners also have requested that some weightage may be given with regard to the years of experience. It is open to the individual petitioners if they are aggrieved at that stage to agitate that. No costs. The connected miscellaneous petitions are also closed." 3.In view of the orders passed in W.P.No.3646 of 2008 dated 15.02.2008 as well as the interim order passed in the batch of cases in W.P.No.8872 of 2009 etc., batch dated 14.05.2009, it is made clear that the direct recruitment has been made only after taking 20% reservation for the promotees, which statement has already been recorded in the earlier writ petition. Therefore, the apprehension of the petitioners at this point of time has to be allowed as their claim is already safeguarded in the earlier orders. Therefore no further order is required as the matter is covered by the earlier decision of this Hon'ble Court. 4.All the writ petitions are disposed of in accordance with the earlier orders. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. pri To 1.State of Tamilnadu, rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai 600 009. 2.The Director of Town Panchayat, Kuralagam, Chennai 108. https://hcservices.ecourts.gov.in/hcservices/ 3.The District Collector, Tiruchirappalli District, Tiruchirappalli. 4.The Chairman, Tamil Nadu Public Service Commission, Govt. Estate, Chennai 600 002. 5.The District Collector Pudukkottai District. 6.the District Collector Tirunelveli District. 7. The District Collector Villupuram 8.District Collector Karur 9. The Secretary TNPSC, Government Estate Chennai 1 cc to Government Pleader, Sr. 75858 1 cc to Mr.S. Ramesh, Advocate, Sr. 76190, 76191, 76192 1 cc to Mr.S. Mohanasundararajan, Advocate, Sr. 75337 W.P.Nos.9574, 8872, 8883, 9291, 8881 and 9285 of 2009 And M.P.Nos.2, 2, 2, 2, 1 and 1 of 2009 SA (CO) kk 18/11 https://hcservices.ecourts.gov.in/hcservices/