IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 30..7..2008 Coram: The Hon'ble Mr. Justice K.CHANDRU W.P. No. 18557 of 1998 B. Andoni Doss .. Petitioner Vs. 1. State of Tamil Nadu Rep. by Secretary to Government Municipal Administration and Water Supply Department Chennai - 09 2. The Commissioner Tiruchirapalli City Municipal Corporation Tiruchirapalli .. Respondents Petition filed under Article 226 of the Constitution of India seeking for issuance of writ of Mandamus directing the second respondent to appoint the petitioner as permanent Driver in the second respondent Corporation in terms of G.O. Ms. No. 21 dated 02.3.1998 issued by the first respondent. For Petitioners : Mr. G. Ethirajulu For Respondent 1 : Mrs. C. K. Vishnupriya, AGP For Respondent 2 : Mr. P. Srinivas ORDER Heard the arguments of the learned counsel for the parties and perused the records. 2. The prayer in the writ petition is for a direction to the second respondent to appoint the petitioner as permanent Driver in the second respondent Corporation in terms of G.O. Ms. No. 21 dated 02.3.1998 issued by the first respondent. 3. Pending the writ petition, this Court vide order dated 26.11.1998, directed the interviews to go on but no further orders should be passed. On 27.12.2002, this Court directed https://hcservices.ecourts.gov.in/hcservices/ the Corporation not to make any appointment awaiting the outcome of the main writ petition. 4. It is the case of the petitioner that his name was sponsored through Employment Exchange and he was appointed as a NMR in the Corporation. He had obtained driving licence and was fully qualified to drive any vehicle. He was initially appointed to collect fees in the Cycle, Scooter stand and pay toilets run by the second respondent. Subsequently, the said work was outsourced and the services of the petitioner were terminated. The petitioner filed a writ petition being W.P. No. 21363 of 1994 along with others challenging their termination. Pending that writ petition, this Court directed the continuance of the petitioner in service. Even though a writ appeal was filed, the same was dismissed by this Court. Thereafter, the petitioner was given the work of a Driver. 5. It was during this time, G.O. Ms. No. 21 Municipal Administration and Water Supply Department dated 02.3.1998 was issued by the first respondent Government prescribing the procedure for making appointment to the post of Drivers. Subsequent to the said order, the Corporation issued notices to individuals sponsored by the Employment Exchange to attend the interview. This clearly shows that there are vacancies for the post of Drivers and the Corporation was not filling up the same in the light of the Government Order. Therefore, the petitioner was forced to file the present writ petition. 6. A counter affidavit dated 10.6.2008 was filed by the Corporation refuting the stand of the petitioner. It was stated by the Corporation that even as per the G.O., certain conditions have been prescribed and the petitioner was not qualified in terms of the said G.O. 7. On behalf of the petitioner, G.O. Ms. No. 4 Municipal Administration and Water Supply Department dated 18.02.1999 was relied upon to show that for the Salem Corporation, the State Government had granted relaxation for such of those Drivers, who are having 8th Std. pass and, therefore, it was contended that the second respondent Corporation cannot refuse to consider the request. Even by a proceedings dated 20.12.1999, the case of the petitioner was recommended by the Corporation for relaxing the educational qualification and a further letter was also addressed to the Government on 29.01.2001. 8. It is seen from G.O. Ms. No. 21 Municipal Administration and Water Supply Department dated 02.3.1998 that the Government had granted the Corporation liberty to absorb the existing Drivers by granting necessary relaxation from the conditions of Employment Exchange or to give appointment after getting their names registered with the Employment Exchange. The https://hcservices.ecourts.gov.in/hcservices/ petitioners were already regular workers in the service of the Corporation and since the Government had granted liberty to recruit them provided they have qualifications, there is no impediment for the Corporation in recruiting these employees. It cannot be said such recruitment was a back door entry. 9. In fact, by G.O. Ms. No. 22 Municipal Administration and Water Supply Department dated 13.4.1998, the State Government had relaxed the qualification in respect of one Driver Gurunathan in the Tirunelveli Corporation. Hence, there is no reason why the petitioners' qualification cannot be relaxed in the light of the earlier Government Order. Therefore, the Corporation is hereby directed to consider the case of the petitioners for regularising them in the post of Drivers which post they are already holding by virtue of the option given by the Corporation. This is all the more so as the earlier work of collecting garbage through bullock-carts was abolished and the petitioners are doing the said work after purchase of autorickshaws for the said purpose. This exercise by the Corporation shall be undertaken within a period of eight weeks from the date of receipt of a copy of this order and the petitioner should be informed accordingly. 10. This writ petition stands allowed in the above terms. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar gri To 1. The Secretary to Government State of Tamil Nadu Municipal Administration and Water Supply Department ,Chennai - 09 2. The Commissioner Tiruchirapalli City Municipal Corporation,Tiruchirapalli +1cc to Mr.R.Govindaraj, Advocate Sr 41767 +1cc to MR.P.Srinivas, Advocate S 41480 +1cc to Govt. Pleader Sr 41526 MRD (CO) km/11.8. W.P. No. 18557 of 1998 https://hcservices.ecourts.gov.in/hcservices/