B.Sankaralingam v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.6.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.5211 OF 2020 1.B.Sankaralingam 2.A.Chandrasekaran 3.G.Nithya 4.V.Sathya 5.B.Shahul Hameed 6.S.Senthilkumar 7.P.Rajalakshmi 8.K.Tamilselvi
...Petitioners
Vs.
1.The Secretary to Government Health and Family Welfare Department, Secretariat, Chennai-9.
2.The Director, Public Health and Preventive Medicine and Chief Registrar of Birth and Death, DMS Campus, Teynampet, Chennai 18
...Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to dispose of the representation of the petitioners dated 27.12.2019 and 10.1.2020 respectively. For Petitioner :
Mr.S.Vijayakumar For Respondents :
Mr.T.Arun Kumar, A.G.P.
O R D E R
In order to strengthen the system of Civil Registration in States/UTs as the same is suffering from shortage of technical manpower, the Registrar General of India has decided to support financially to the States for hiring manpower at District/State level. The petitioners herein were engaged to the post of Data Processing Assistants on contract basis. The petitioners herein made representation to the second respondent dated 13.2.2019 for
regularisation of their services. However, no order has been passed on the said representation. Therefore, the petitioner has filed the present writ petition before this Court.
2. In the counter affidavit filed by the second respondent, it is stated that as per the guidelines issued by the Registrar General of India towards hiring manpower, it has been directed to engage the Data Processing Assistants and State Coordinators on contract basis and to obtain agreement as per the format vide reference No.6/11/2013/VS/(CRS)/3304 dated 2.9.2013. The engagement of the Data Processing Assistants is purely on temporary, contract basis for various work in CRS for the maximum period of one year and the Data Processing Assistants would not be entitled to any claims, rights, interest or further benefits in terms of regularization or consideration of further appointment to any post including any claims for any casual, adhoc, temporary or regular services in the Government.
3. In view of the stand taken by the respondent that the petitioners were hired on contract basis for various work for the short period of service, the petitioners cannot claim as a matter of right, regularization of their services. Hence, there is no merit in the writ petition.
4. Accordingly, the writ petition stands dismissed. No Costs.
Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar vaan To 1.The Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai-9.
2.The Director, Public Health and Preventive Medicine and Chief Registrar of Birth and Death, DMS Campus, Teynampet, Chennai 18 +1cc to Mr.S.Vijayakumar, Advocate Sr.No.41610 +1cc to the Government Pleader Sr.No.42568 W.P.No.5211 of 2020 RSV(CO) RVM(19/07/2022)