IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :06.1.2011 Coram THE HONOURABLE MR.JUSTICE R. SUDHAKAR WRIT PETITION No. 28786 of 2008 1. K.KALAVATHI , KANNALAM VILLAGE VALATHI PO. GINGEE TK. VILLUPURAM DIST. PETITIONER Vs 1 THE GOVT. OF TAMILNADU REP. BY ITS SECRETARY LABOUR & EMPLOYMENT DEPT. FORT ST. GEORGE CHENNAI-9. 2 THE COMMISSIONER EMPLOYMENT & TRAINING GUINDY CHENNAI-32. 3 THE REGIONAL DEPUTY DIRECTOR OF EMPLOYMENT TRICHY-1. 4 THE DISTRICT EMPLOYMENT OFFICER COACHING CUM GUIDANCE CENTRE FOR SCHEDULE CASTE AND SCHEDULE TRIBE, CUDDALORE. 5 THE DISTRICT EMPLOYMENT OFFICER, CUDDALORE. RESPONDENTS PETITION filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to Call for the records of the Second Respondent dated 26.03.2008 made in Estt. 2/49733/02 and quash the same and consequently direct the Respondents to consider the candidature of the petitioner for regularisation in terms of the stipulations contained in G.O.Ms.No 22 Personnel and Administrative Reforms (F) Dept. dt. 28.02.2006 and G.O.Ms.No.75 Employment Services Department dt. 14.03.1985. For Petitioner : Ms. G. Thilakavathi For Respondents : Mr. L.S.M. Hasan Fizal Govt. Advocate https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition is filed to call for the records of the Second Respondent dated 26.03.2008 made in Estt. 2/49733/02 and quash the same and consequently direct the Respondents to consider the candidature of the petitioner for regularisation in terms of the stipulations contained in G.O.Ms.No 22 Personnel and Administrative Reforms (F) Dept. dt. 28.02.2006 and G.O.Ms.No.75 Employment Services Department dt. 14.03.1985. 2. The petitioner was appointed on 28.3.1989 as typist under physically challenged quota in terms of Rules 10(1)(i) of the Tamil Nadu State and Subordinate Service Rules. The petitioner was allowed to continue in service pursuant to the order passed by the State Administrative tribunal in O.A.No. 1589 of 1992, dated 22.3.1993. Thereafter, from the year 2003 onwards, the petitioner has been repeatedly requesting the authorities to regularise the service as a typist. 3. Earlier, this Court by an order dated 30.7.2007 in W.P.No. 21506 of 2007 directed the respondents to consider the petitioner's case for regularisation based on her representation. Consequent to the said order, the petitioner has made a representation on 6.8.2007 seeking regularisation, which was rejected by the second respondent on 26.3.2008 and hence the present writ petition. 4. Ms. Thilagavathi, learned counsel appearing for the petitioner claims the benefit of regularisation based upon the G.O.Ms.No.22 Personnel and Administrative Reforms (M) Department, dated 28.2.2006. She also relies upon the Government Order in G.O.Ms.No.124 Personnel and Administrative Reforms (P) Department, dated 18.9.2009 wherein similarly placed persons were given the benefit of regularisation based on orders of this Court. Paragraphs 3 to 5 of the said Government Order reads as follows:- " In all the other orders of High Court, Madras, 4th to 8th read above, the High Court, Madras has passed orders in favour of the applicants, directing the respondents to regularise the services of the temporary Junior Assistants/Typists and Steno-typists as the case may be from the date of their initial appointment. The Government after detailed examination, have decided to implement the orders of the High Court, Madras, referred to as 4th, 5th 6th, 7th and 8th read above in the connected writ petitions, Government accordingly, direct the https://hcservices.ecourts.gov.in/hcservices/ respondents (viz.) the Secretaries to Government of the Departments of Secretariat/Heads of Department/District Collectors as the case may be to implement the orders of High Court (i.e.) to regularise the services of Typists/steno-typists/Junior Assistants, who were appointed temporarily and who had failed in the Special Qualifying Examination conducted for them in the year 1995 from the date of their initial appointment with service benefits only. The Government also direct that the services of similarly placed temporary Typists/steno-typists/Junior Assistant have obtained orders favourable to them from the High Court of Madras shall also be regularised by the authorities concerned with effect from the date of their initial appointment with service benefits only." 5. Counter affidavit has been filed stating that G.O.Ms.No.22 Personnel and Administrative Reforms (M) Department, dated 28.2.2006 does not apply to the case on hand and there is no provision in the Rules for granting regularisation to the temporary service candidates. 6. It is an admitted case of the petitioner that the petitioner in this case has appeared for special qualifying examination conducted by the Tamil Nadu Public Service Commission in the year 1995 and was not qualified. Similarly placed persons have approached the Tribunal and their services were extended. The matter came up before this Court in a batch of writ petitions in WP Nos. 12031 and 23887 of 2004 where the claim of similarly placed persons was accepted and the Government was directed to regularise their service. Subsequently, several orders were passed by this Court in several writ petitions viz., WP No. 15135 of 2008, dated 28.1.2008, WP No. 27193 of 2008, dated 31.3.2008, WP No. 18339 of 2008, dated 25.8.2008 and WP No.23195 of 2008, dated 19.1.2009. Considering all these orders of this Court, the Government has issued the above said G.O.Ms.No.124, dated 12.9.2009. 7. The petitioner in this case also falls under the same category and there is no dispute that she joined the services through the employment exchange and she has not passed the qualifying examination but she continues to be in service consequent to the orders of this Court. 8. In view of the above, the petitioner is also entitled to the benefit as granted to similarly placed persons under https://hcservices.ecourts.gov.in/hcservices/ G.O.Ms.No.124, Personnel and Administrative Reforms (P) Department, dated 12.9.2009. This writ petition is ordered accordingly. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ra To 1 THE SECRETARY GOVT. OF TAMILNADU LABOUR & EMPLOYMENT DEPT. FORT ST. GEORGE CHENNAI-9. 2 THE COMMISSIONER EMPLOYMENT & TRAINING GUINDY CHENNAI-32. 3 THE REGIONAL DEPUTY DIRECTOR OF EMPLOYMENT TRICHY-1. 4 THE DISTRICT EMPLOYMENT OFFICER COACHING CUM GUIDANCE CENTRE FOR SCHEDULE CASTE AND SCHEDULE TRIBE, CUDDALORE. 5 THE DISTRICT EMPLOYMENT OFFICER, CUDDALORE. 1 cc to Government Pleader, Sr.No.1564 1 cc to M/s.Thilakavathi, Advocate, Sr.No.1147 WP No. 28786 of 2008 PUR {CO} TP/21.1.2011. https://hcservices.ecourts.gov.in/hcservices/