Legal solution for Recruitment issues: TNPSC
Sir, We around 80 staff members in the category of Junior Assistants, Typists,and Steno-Typists were selected by way of Written Exam, Interview by 3 Judges, and then appointed according to the Caste Roster followed in Tamilnadu during March to July 2013. The above said posts are commonly available in all the Govt. departments in Tamilnadu and these posts are only filled up by TNPSC. Since most of the staffs provided by the TNPSC would opt the Judicial as last choice, they will be always in an attempt to shift to some other department and hence most of the time vacancies will be there in Judicial Department and recruitment through 10 A (1) category is done in Judicial Department alone to meet the shortage of staff. The point is that after we joined the court our senior had said that nobody coming from TNPSC would permanently work in this Department and if we continue to work we will get absorbed if we file the writ petition in High Court, as it has happened so previously. With that confidence, we all continued to work in our respective Courts but being temporary staffs we were all ousted from service before the completion of 1 year service and were again appointed as fresh candidates. This is continuing till date. In the mean time, many of the above candidates have got ousted permanently from their service due to the arrival of TNPSC candidates, and finally we around 22 candidates in the above categories alone remain in this District and all the other candidates after hard working for 2 to 3 years have all got ousted permanently. We had filed a writ petition in the High Court Madras in the year 2014, and that has got dismissed stating that we cannot claim our appointment to be made permanent since we were appointed in 10 A(1) category. Sir, we have no other options. We are being told to go for an appeal in the Supreme Court. Somebody is advise to file a review petition in the High Court. Somebody is advising to approach the government to order a separate test for the Temporary staff working in various Departments in Tamilnadu State Govt services as it had been done in the year 2009. Kindly advise in this regard. Is there any orders favouring the temporary candidates to make them permanent ordered by high court of any states or Supreme Court. Kindly consider my request please and reply regarding how to proceed further....
The Supreme Court case of Umadevi (Secretary, State of Karnataka And Others v. Umadevi And Others; Available at: https://indiankanoon.org/doc/1591733/ ) dealt with the question of temporary employment. In this case it was observed by the Hon’ble court that regularization of employment may be considered in case of irregular employments of duly qualified persons in duly sanctioned vacant posts and where the employees have continued to work for ten years or more but without the intervention of orders of courts or of tribunals; so as to ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. In usual circumstances however, it was held by the court that a mandamus could not be issued in favour of the employees directing the government to make them permanent since the employees cannot show that they have an enforceable legal right to be permanently absorbed or that the State has a legal duty to make them permanent. In light of this judgment, you may file for an appeal and take assistance of the above mentioned exception for regularization of this employment process. Review petition s usually granted when no appeal exists or when it is not preferred. In this case, an appeal may act as a better step for remedy.
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