1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.A.(MD).Nos.46 and 47 of 2011 and M.P.Nos.1,2,1 and 2 of 2011 Trichy Region Ex-servicemen and Family Welfare Association, Represented by its President, P.Renganathan, DD5, Housing Unit, Salai Road, Uraiyur, Trichy 3. : Appellant in Both Writ Appeals Vs. 1.The Union of India, Represented by its Secretary to Government, Department of Ex-servicemen Welfare, Ministry of Defense, New Delhi 1. 2.The Director General Re-settlement, The Government of India, Ministry of Defense, West Block – IV, R.K.Puram, New Delhi 1. 3.Tamil Nadu Ex-servicemen Corporation (TEXCO), Government of Tamil Nadu Undertaking), Represented by its Managing Director, Major Parameswaran Memorial Building, No.2, West Mada Street, Sri Nagar Colony, Saidapet, Chennai 15. 4.The Chief General Manager, Bharat Sanchar Nigam Limited (BSNL), Tamil Nadu Circle, Anna Salai, Chennai. 5.The Principal General Manager, Bharat Sanchar Nigam Limited (BSNL), Trichy – 1. : Respondents in both WA's PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent against the Order dated 11.11.2010 made in W.P.(MD). Nos.10233 of 2008 and 5266 of 2009 on the file of this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 Prayer in WP.No.10233 of 2008:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice passed by the 5th respondent in No.G2/GS-IV/SGS- Rearrangements/2007-2008/19/dated at Trichy the 20.10.2008 and to quash the same and consequently to direct the 5th respondent to continue to employ the members of the Petitioner association sponsored by the 3rd respondent from time to time as done before. Prayer in WP.No.5266 of 2009:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the fifth respondent to reinstate the removed 61 members of the Petitioner association ex-servicemen security guards and consequently to direct the fifth respondent not to reduce the ex-servicemen security guards for 5th respondent concern. For Appellant : Mr.T.A.Ebenezer For Respondents1&2 : Mr.K.Ramakrishnan Senior Panel Counsel for Central Government For Respondents 4&5 : Mr.K.Murali For Mr.K.Govindarajan COMMON JUDGMENT ********************** [Judgment of the Court was delivered BY K.SUGUNA, J] These Writ Appeals have been filed challenging a Common Order dated 11.11.2010 passed in W.P.(MD).Nos.10233 of 2008 and 5266 of 2009. 2. W.P.(MD).No.10233 of 2008 was filed challenging a notice dated 20.10.2008 issued by the fifth respondent herein and for a direction to the fifth respondent to continue to employ the members of the appellant association as Security Guards. 3. As far as Writ Petition (MD).No.5266 of 2009 is concerned, it was filed for the issue of a Writ of Mandamus directing the fifth respondent to reinstate the removed 61 members of the appellant association as Security Guards and consequently direct the fifth respondent not to reduce the members of Ex-servicemen Security Guards. By Common Order dated 11.11.2010, the learned Single Judge had dismissed the said Writ Petitions. Challenging the said order, the present Writ Appeals have been filed. 4. According to the learned counsel appearing for the appellant association, the members of the appellant association are Ex-servicemen and after discharge from Military service, https://hcservices.ecourts.gov.in/hcservices/ 3 through the appellant association, who is a Recruiting Agency, they were engaged as Security Guards in BSNL Office. Now, in view of the policy taken by the BSNL to reduce the Security Guards, the notice dated 20.10.2008 was issued. The grievance of the appellant association is that in view of the said notice, they were removed from service and by the retrenchment steps taken by the fifth respondent, the members of the appellant association have lost their job, and therefore, the notice dated 20.10.2008 is to be set aside. 5. We are not inclined to accept the said stand of the learned counsel for the appellant association, for the reason that an establishment has its own right to decide the number of employees to be engaged and this Court cannot insist any establishment for the sake of Ex-servicemen to have more number of Security Guards than it is required. However, some welfare measures have been introduced for the sake of Ex-servicemen. Therefore, we are of the opinion that though they were removed from service, in view of the policy taken by the fifth respondent, they should be provided with alternative employment. 6. In an identical circumstance, a Division Bench of this Court in W.A.(MD).No.372 of 2010, by Judgment dated 05.08.2010, wherein one of us [KSAJ] is a party, had held as follows:- 5. Today, it is submitted by the learned Additional Solicitor General that as on date, number of vacancies are available through out the State of Tamil Nadu, and therefore, if the appellants approach the second respondent, certainly, through the recruitment agency, they will be accommodated wherever there are vacancies available within the State of Tamil Nadu. 6. In view of the above submission made, the appellants are directed to make applications before the second respondent within a period of ten days from the date of receipt of a copy of this Order and on receipt of the such applications from the appellants, the second respondent is directed to furnish particulars with regard to the establishments where the recruitment agency monitored by the second respondent can supply employees as Security Guards and the second respondent is directed to consider such applications of the appellants and pass orders within a period of two weeks thereafter. The second respondent, as a monitoring agency, is further directed to examine and to see the accommodation of these appellants in the respective establishments wherever there are vacancies available within the State of Tamil Nadu." 7. Since it was the stand of the learned Additional Solicitor General, who had appeared in the said Writ Appeal, that vacancies are available, we are of the opinion that the members of the appellant association herein are also entitled for the same relief. In view of the above, since the Tamil Nadu https://hcservices.ecourts.gov.in/hcservices/ 4 Ex-servicemen Corporation (TEXCO), the third respondent herein, is a Recruiting Agency with regard to the employment aspect of the Ex-servicemen, if there is any possibility of accommodating the ousted members of the appellant association, the third respondent herein is directed to accommodate them in other establishments, for which also the third respondent is a Recruiting Agency and the Monitoring Agency, i.e., the second respondent herein is also directed to work out the possibility of accommodating the ousted members of the appellant association in any other establishments wherever their services are required and the ousted members of the appellant association are also at liberty to make applications before the second respondent with regard to the further appointment/engagement as Security Guards and on receipt of the such applications from the members of the appellant association, the second respondent is directed to furnish particulars with regard to the establishments, where the Recruitment Agency monitored by the second respondent can supply employees as Security Guards and the second respondent is also directed to take appropriate steps for accommodating the ousted members of the appellant association. These Writ Appeals are disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1. The Secretary to Government, The Union of India, Department of Ex-servicemen Welfare, Ministry of Defense, New Delhi 1. 2.The Director General Re-settlement, The Government of India, Ministry of Defense, West Block – IV, R.K.Puram, New Delhi 1. 3.The Managing Director, Tamil Nadu Ex-servicemen Corporation (TEXCO), Government of Tamil Nadu Undertaking), Major Parameswaran Memorial Building, No.2, West Mada Street, Sri Nagar Colony, Saidapet, Chennai 15. 4.The Chief General Manager, Bharat Sanchar Nigam Limited (BSNL), Tamil Nadu Circle, Anna Salai, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 5 5.The Principal General Manager, Bharat Sanchar Nigam Limited (BSNL), Trichy – 1. +One CC to Mr.T.A.Ebenezer, Advocate,SR.No.17697 +One Cc to Mr.M.K.Ramakrishnan, Advocate, SR.No.17604 +Two Ccs to Mr.K.GOvindarajan, Advocate, SR.Nos.17722 and 17723 NB rl/10c – 24.6.2011 COMMON JUDGMENT MADE IN W.A.(MD).Nos.46 and 47 of 2011 08.06.2011 https://hcservices.ecourts.gov.in/hcservices/