IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.02.2010 CORAM: THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.Nos.23147 & 23148 of 2004 W.P.No.23147 of 2004 1. N.Chinnappa 2. V.Pushpalingam 3. P.Palani 4. V.Rajendran 5. P.Murugadoss ... Petitioners -vs- 1. State of Tamil Nadu represented by The Director of Agriculture O/o Directorate of Agriculture Chepauk, Chennai-600 005 2. The Joint Director of Agricultural Chemist Bio-Fertilizer Production Unit Cuddalore-607 001 3. The Agricultural Chemist Bio-Fertilizer Production Unit Cuddalore -607 001 .. Respondents W.P.No.23148 of 2004 1. M.Balasubramanian 2. S.Palanisamy .... Petitioners Vs. 1. State of Tamil Nadu represented by Secretary to Government Agriculture Department Fort St.George, Chennai-600 009 https://hcservices.ecourts.gov.in/hcservices/ 2. The Commissioner of Agriculture O/o Commissionarate of Agriculture Chepauk, Chennai-600 005 3. The Joint Director of Agriculture Soil Testing Laboratory Cuddalore-607 001 4. The Assistant Agricultural Chemist Soil Testing Laboratory Cuddalore-607 001 ... Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of the writ of mandamus as stated therein. For Petitioners : Mr. M.Gnanasekar For Respondents : Mrs. C.K.Vishnupriya AGP C O M M O N O R D E R The petitioners have filed these writ petitions praying for issuance of a writ of mandamus, directing the respondents to continue to engage the petitioners on the same terms and conditions as per the terms of appointments and consider their case for regularisation. 2. The petitioners were appointed in July 1999,4.6.1988 and 4.6.1997 and continue to work till date without any break in the office of the respondents 2 to 4 and they were received the bonus for the period from 1999 to 2003. The first respondent and the second respondent in their letter dated 9.9.2000, directed the third and fourth respondent to engage daily rated employees on rotation basis temporarily, through the Employment Exchange and as such there was a threat to the petitioners' service under the respondents and since they were working continuously and if they were terminated then they will put to irreparable loss and hardship and livelihood being affected to a great extent. 3. According to the petitioners, their employment is seasonal one and that the third and fourth respondents had denied the employment to them during the month of April to July in the year 2004-05 and therefore, they filed O.A.Nos.3792 of 2004 and 3789 of 2004 respectively before the Tamil Nadu Administrative Tribunal seeking a relief of direction, to direct the respondents to continue to engage the applicants on the terms and conditions as has been done from the date of their initial appointment and the said O.As were https://hcservices.ecourts.gov.in/hcservices/ pending and owing to the requirement of the Chairman of the said Administrative Tribunal, they had approached before this Court by means of present writ petitions. 4. The stand of the respondents as put forward by the learned Additional Government Pleader is to the effect that the petitioners were not sponsored by the Employment Exchange and as per G.O.Ms.No.1157 Labour and Employment Exchange dated 19.7.1979 which prescribed the procedure or recruitment from Nominal Muster Roll far below three months vacancies without reference to the Employment Exchange and since the petitioners were not recruited through Employment Exchange, they were not paid bonus and they were not engaged for duty continuously and they were engaged as and when necessary for a period of less than three months and as a matter of fact, the petitioners were not continuously working in Laboratory as casual workers and one M.Balasubramanian and S.Palanisamy were engaged in the Laboratory as casual labourers since 7.9.2004 as per the interim direction of this Court and they were engaged when ever the work exists and also that they were engaged for work less than three months duration and so the wages would be paid for the day of work, and if they were regularised as full time worker on regular line, salary would be paid for whole period of calender month irrespective of fact, whether they work on whole period of calender month or not and the petitioners would be appointed as "Watchman" or ' unskilled Mazdoor" because the outsourcing order prevent the same and also they would not be appointed as Office Assistant because in view of G.Os No.745 and 746 Finance dated 22.9.1995, office assistants could be appointed only from the surplus lists maintained by the District Collectors and in any event, they could not be regularised and brought them into regular establishment line, similar other cases have to be considered 5. The financial constraints of State and welfare of the employees will have to be taken into consideration and a balance has to be struck between these two competing factors while dealing with the issue of regularisation. A person appointed temporarily on an adhoc basis has no right to the post as per the decision State of U.P.-v- Kaushal Kishore Sukhala,1991 (1) SCC, 691. 6. The learned counsel for the petitioners brings it to the notice of this Court in the order passed by this Court in W.P.No.35613 of 2004 (S.Arasan(died) and others -v- State of Tamil Nadu rep. by Engineer(Highways) Chepauk, Chennai-600 005 and others), wherein this Court has directed the first respondent therein or the appropriate authority to pass orders regularising the services of the Government Servant late Arasan in terms of the G.O. referred to above and extend all the benefits that has been granted to D.Ranganathan in terms of G.O.Ms.No.82 dated 8.5.2000 and further orders to be passed within a period of eight weeks from the date of receipt of a copy of the order and the said order will apply to the https://hcservices.ecourts.gov.in/hcservices/ facts of the present case squarely and therefore prays for allowing these writ petitions. 6. Also the learned counsel for the petitioners invites the attention of this Court to the Government Order in G.O.2D.No.124 Agriculture Department dated 25.5.2000, wherein after relaxing the age, the service of Mr.T.R.Rajendran, and K.Selvaraj, daily workers were regularised and also he placed reliance on the Government Order in G.O.Ms.No.22 Personnel and Administrative Reforms(F) Department dated 28.2.2006 wherein the employees working on daily wages on completion of ten years of service as on 1.1.2006 were ordered to be brought into regular establishment. 7. That apart, the learned counsel for the petitioners seeks in aid of the G.O.Ms No.85 (Agriculture Department)dated 2.3.1999 issued by the Secretary to the Government, wherein 100 temporary watchman post were ordered to be created etc. Even though, the petitioners were not appointed through Employment Exchange and since they were working continuously from July 1999, 4.6.1988 and 4.6.1997 and taking note of the fact that this Court has passed orders in W.P.No.35613 of 2004 dated 10.7.2009 wherein the Government or the appropriate authority has been directed to pass orders regularising the service of the Government servant late Arasan in term of G.O. etc., and extend all benefits that has been granted to D.Ranganathan in terms of G.O.Ms.No.82 dated 8.5.2000 etc., this Court on the basis of quoting fair play and good conscience , directs third and fourth respondents to continue to engage the petitioners on the same terms and conditions as per their appointment orders and it is for the first respondent to consider the case of the petitioners for regularisation taking into account of the period of service and to pass appropriate orders, within a period of three months from the date of receipt of a copy of this order. 8. With the above directions, these writ petitions are disposed of without costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar sg To 1. The Director of Agriculture O/o Directorate of Agriculture Chepauk, Chennai-600 005 https://hcservices.ecourts.gov.in/hcservices/ 2. The Joint Director of Agricultural Chemist Bio-Fertilizer Production Unit Cuddalore-607 001 3. The Agricultural Chemist Bio-Fertilizer Production Unit Cuddalore -607 001 4 The Secretary Agriculture Department Fort St.George, Chennai-600 009 5. The Commissioner of Agriculture O/o Commissionarate of Agriculture Chepauk, Chennai-600 005 6. The Joint Director of Agriculture Soil Testing Laboratory Cuddalore-607 001 7. The Assistant Agricultural Chemist Soil Testing Laboratory Cuddalore-607 001 1 cc to Government Pleader, Sr.No.13769 2 cc to Mr.M.Gnanasekar, Advocate, Sr.No.13623,13622 W.P.Nos.23147 & 23148 of 2004 RSY {CO} TP/4.3.2010. https://hcservices.ecourts.gov.in/hcservices/