Tamil Nadu State Government Office v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 20438 of 2024 Tamil Nadu State Government Office, Assistant and Basic Servants State Central Association, represented by its State President S.Maduram
...Petitioner
-Vs1. The Government of Tamil Nadu, represented by its Chief Secretary, Secretariat, Chennai - 600 009.
2. The Principal Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai - 600 009.
3. The Principal Secretary to Government, Finance Department, Secretariat, Chennai - 600 009.
4. The Secretary, Tamil Nadu Public Service Commission, Tamil Nadu Public Service Commission Rd., Chennai 600 003.
...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to implement the G.O.Ms.No.128 Finance (Ze-Bag) Department dated 21.02.2006 to fill up the shortfall vacancies of the Office Assistants in various Government Departments in order to achieve the constitutional goals as directed by this Hon'ble Court. For Petitioner : Mr.M.Silambarasan For R1 to R3 : Mr.S.Arumugam Government Advocate For R4 : Mr.Abrar Md.Abdullah Standing Counsel
ORDER
This Writ Petition has been filed for direction directing the respondents to implement the G.O.Ms.No.128 Finance (Ze-Bag) Department dated 21.02.2006 to fill up the shortfall vacancies of the Office Assistants in various Government Departments in order to achieve the constitutional goals as directed by this Hon'ble Court.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner is an Association. The Government issued an order in G.O.Ms.No.128 Finance (Ze-Bag) Department dated 21.02.2006 and fixed norms for employment of Office Assistant. Accordingly, total number of ministerial staff in an Office in a District is 10 or more but less than 12, one Office Assistant is allowed subject to the condition that the overall ratio for department does not exceed 12:1. The vacancies in respect of direct recruitment of such category was required to be ascertained and the details about the shortfall to be reported to all the Secretariat Departments by the department concerned for filling up of Office Assistants posts. The short fall in respect of the post of Office Assistants, information should be intimated to the recruiting agency for taking effective action to fill up the vacancies. The petitioner also obtained information under the Right to Information Act, 2005 and it revealed that several vacancies of Office Assistant posts are existing in various departments.
4. Therefore, the respondents are directed to take immediate steps to fill up the vacancies of the Office Assistant posts in various
Government Departments as per the order passed by the Government in G.O.Ms.No.128 Finance (Ze-Bag) Department dated 21.02.2006.
5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
23.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
To
1. The Chief Secretary, The Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2. The Principal Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai - 600 009.
3. The Principal Secretary to Government, Finance Department, Secretariat, Chennai - 600 009.
4. The Secretary, Tamil Nadu Public Service Commission, Tamil Nadu Public Service Commission Rd., Chennai 600 003.
G.K.ILANTHIRAIYAN. J, mn 23.07.2024