IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15-2-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.2625 of 2010 and M.P.No.1 of 2010 K.Indirani .. Petitioner vs 1.The State of Tamilnadu rep. By its Secretary to Government Home (Courts) Department Secretariat Fort St. George Chennai 600 009. 2.The Principal District Judge Erode District, Erode 11. .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records relating to the impugned order dated 24.7.2009 made in A.No.279/2009-D.No.10147 passed by the 2nd respondent herein, quash the same and consequently direct the respondents to appoint the petitioner in any suitable vacancy in the Courts at Erode District. For Petitioner : Mr.N.Manokaran For Respondents : Mrs.Malarvizhi Udayakumar Special G.P. For R1 Mr.P.K.Rajagopal for R2 ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) Seeking a writ of certiorarified mandamus, the petitioner one Mrs.Indirani, has brought forth this petition to quash the order of the second respondent namely the Principal District Judge, Erode, and also to issue a direction for the appointment of the petitioner in any suitable vacancy in the Courts at Erode District. 2.Affidavit in support of the petition is perused. The Court heard the learned Counsel for the petitioner, learned Special Government Pleader for the first respondent and also the learned Counsel for the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.As could be seen from the averments made in the affidavit in support of the petition, the petitioner is a physically disabled woman, and she enrolled herself in the Employment Exchange. The second respondent while taking steps for adhoc arrangement to fill up the vacancies till the names were sponsored by the TNPSC, called for the names from the District Employment Exchange, Erode, pursuant to which a list of candidates was sent on 8.12.2008, to fill up the existing vacancies in the post of Junior Assistant. The petitioner was temporarily appointed as Junior Assistant in the time scale of pay of Rs.3200-85-4900 by an order dated 6.1.2009. She was posted to the Munsif Court at Kangeyam. Though the appointment was purely under Rule 10(a)(i), she was discharging her duties with utmost care and to the satisfaction of the superiors. While the matter stood thus, she was ousted. But there were number of vacancies available in different Courts in Erode District. The Judicial Temporary Employees' Welfare Association filed WP No.9710 of 2009 seeking for directions to the respondents therein to consider and regularise the services of the members of the association. Equally, yet another writ petition in WP No.10189 of 2009 for regularisation of the service was also filed. An order came to be passed by a Division Bench of this Court. This Court has observed that the candidates who have been selected by the TNPSC and allotted to different Districts for being appointed in the judicial ministerial service, shall be appointed against the vacancies available as per their merit list and in accordance with law, and if there are any surplus, the vacancies should be filled from the list of the persons who are temporarily appointed and working there. Now, there are so many vacancies available after being filled from the list of candidates sent by the TNPSC. In such circumstances, there was no need for ousting the petitioner, and her services should have been regularised, but not done so. Hence, there arose a necessity for filing this petition. 4.This Court after looking into the available materials and the submissions made on either side, is of the considered opinion that the writ petition does not carry any merit whatsoever. 5.On the earlier occasion, when such a situation arose, the Bench considered the same and passed the order in WP Nos.9710 and 10189 of 2009. The observations made in (i) and (ii) of paragraph 21 of the said order would clearly indicate that the persons who were selected by the TNPSC and allotted to different districts for being appointed in the judicial ministerial service shall be appointed against the vacancies available as per the merit list and in accordance with law, and if there is any surplus, only then consideration for appointment from the persons who are temporarily appointed and working there, would arise. In the instant case, it is brought to the notice of the Court by the Special Government Pleader for the first respondent that there were actually no vacancies available and those persons were found surplus, which necessitated the ousting of the petitioner and others. Apart from that, the learned Special Government Pleader also brought to the notice of the Court that pursuant to the orders already made by this Court in the writ petitions, already a communication has been addressed to the District Collector of Erode along with a list of persons who were appointed temporarily under Rule 10(a)(i) as Junior Assistants and Typists respectively, and it is also pending consideration in the hands of the District Collector. https://hcservices.ecourts.gov.in/hcservices/ Once there is no vacancy available and the persons who were actually found to be surplus including the petitioner, were ousted, and apart from that, a letter has also been sent to the Collector for filling up the vacancies available in the Collectorate, no question of consideration of the request of the petitioner would arise. Under the circumstances, this writ petition has no legs to stand, and accordingly, the same is dismissed. No costs. Consequently, connected MP is also dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar nsv To: 1.The Secretary to Government Home (Courts) Department Secretariat Fort St. George Chennai 600 009. 2.The Principal District Judge Erode District, Erode 11. 1 cc To Mr.N.Manokaran, Advocate, SR.9986 1 CC to the Government Pleader SR NO 9844 WP No.2625 of 2010 BVN(CO) sra 22.02.2010 https://hcservices.ecourts.gov.in/hcservices/