R.Manju v. The District And Sessions Judge
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN R.Manju ... Petitioner in W.P(MD)No.47 of 2020 M.Saratha ... Petitioner in W.P(MD)No.49 of 2020 N.Jayanthi ... Petitioner in W.P(MD)No.50 of 2020 R.Amutha ... Petitioner in W.P(MD)No.54 of 2020 K.Hemalatha ... Petitioner in W.P(MD)No.55 of 2020 V.Senthilkumar ... Petitioner in W.P(MD)No.57 of 2020 Y.Saffin Banu ... Petitioner in W.P(MD)No.60 of 2020 S.Tamilselvi ... Petitioner in W.P(MD)No.61 of 2020 P.K.Tamilselvi ... Petitioner in W.P(MD)No.62 of 2020 V.Chellapandi ... Petitioner in W.P(MD)No.63 of 2020 Vs.
The District and Sessions Judge, Sivagangai District, Sivagangai.
... Respondent in all W.Ps'
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider and pass orders in the petitioners' representation dated 04.11.2019 given along with nine other similar persons within the time limit fixed by this Court. For Petitioner : Mr.G.Kannan (in all W.P's) For Respondents : Mr.N.Tami Mani (in all W.P's) 1/3
COMMON ORDER (Order of the Court was made by M.DURAISWAMY,J.) The petitioners, who are similarly placed persons, have filed the above Writ Petitions to consider and pass orders on the petitioners' representation dated 04.11.2019 within a time frame. 2.The petitioners were temporarily appointed as Typist in copyist Establishment, District Court, Sivagangai, by order dated 22.05.2013, 22.05.2013, 08.03.2013, 08.03.2013, 08.03.2013, 22.05.2013, 22.05.2013, 08.03.2013, 08.03.2013 and 08.03.2013 respectively and the appointments were made under Rule 16(a)(i) of the Tamil Nadu Judicial Ministerial Service Rules on temporary basis and it was made clear that they are liable to be terminated at any time without assigning any reason or giving prior notice. The petitioners joined the temporary employment and had discharged their duties.
However, they were periodically ousted from service for the reason that their appointments were temporary. Subsequently, they were re-appointed on the same basis. By order dated 28.02.2019, the petitioners were ousted from temporary employment. Therefore, the petitioners have given representations to the respondent dated 04.11.2019 requesting the respondent to re-appoint them as temporary typist under Rule 16(a)(i) of the Tamil Nadu Judicial Ministerial Service Rules.
3.Mr.N.Tamilmani, learned counsel taking notice for the respondent submitted that the Registrar General of this Court had issued a official memorandum dated 20.12.2019 and permitted the District Judges as one time measure to make temporary / contractual appointments only in respect of the posts falling within the ambit of the Tamil Nadu Basic Service Rules for a period of six months alone in due adherence of all the Rules and procedures contemplated thereto.
4.The learned counsel appearing for the respondent submitted that there are vacancies in Sivagangai District and the representations of the petitioners would be considered in accordance with law.
5.Having regard to the submissions made by the learned counsel appearing on either side and taking into consideration the limited prayer sought for in the Writ Petitions, without expressing any opinion with regard to the merits of the case, we direct the respondent to consider the petitioners' representation dated 04.11.2019 and pass orders on merits and in accordance with law as expeditiously as possible.
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6.With these observations, the Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) ps To The District and Sessions Judge, Sivagangai District, Sivagangai.
+10 CC to M/s.G.KANNAN, Advocate ( SR-171[F] dated 03/01/2020 ) W.P(MD)Nos.47, 49, 50, 54, 55, 57, 60, 61, 62 & 63 of 2020 03.01.2020 JMN(08.01.2020) 3P : 12C 3/3