Madras High CourtWP(MD)/10437/2015disposed of

M. Meenakshi, v. The District Collector

2019-07-18Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.10437 of 2015 and M.P.(MD).No. 1 of 2015 M.Meenakshi ... Petitioner Vs.

1.The District Collector (The Chairman) The District Blindness Control Society, Madurai District, Madurai.

2.The District Program Manager, The District Blindness Control Society, Govt Rajaji Hospital (Eye Department) Madurai, Madurai District.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from terminating the services of the petitioner without due process of law and consequently, directing the respondents to absorb the petitioner in the post of eye Donation Counselor considering the experience and qualification of the petitioner in the respondent District Control Society.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.M.Jeyakumar Additional Government Pleader

ORDER

The relief sought for in the present writ petition is to forbear the respondents from terminating the services of the petitioner without due process of law.

2.The writ petitioner was appointed as daily wage employee in the post of Secretarial Assistant. However, the second respondent is District Blindness Control Society, which is a scheme formulated by the Government and the scheme is functioning under a separate fund and the employees engaged on daily wage basis are not the employees of the Government. Therefore, this Court cannot interfere with the temporary employment made under a scheme, more https://hcservices.ecourts.gov.in/hcservices/

specifically, the writ petitioner was engaged as daily wage employee and therefore, the terms and conditions applicable to the daily wages employment are to be applied for the writ petitioner also. In the event of the availability of the scheme and if the writ petitioner is qualified and her services are satisfactory, it is left open to the respondent to consider for her continuance as daily wage employee. However, this Court cannot issue any direction for such continuance as the appointment of the writ petitioner was temporary and on daily wage basis. Even in case of termination, the procedures contemplated with reference to the terms and conditions of such employment are also to be followed by the respondents concerned.

3.With these observation, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector (The Chairman) The District Blindness Control Society, Madurai District, Madurai.

2.The District Program Manager, The District Blindness Control Society, Govt Rajaji Hospital (Eye Department) Madurai, Madurai District.

+1 CC to Mr.T.LAJAPATHI ROY, Advocate SR-76528. +1 CC to SPL GP SR-76286.

W.P.(MD)No.10437 of 2015 and M.P.(MD).No. 1 of 2015 18.07.2019 CS(01.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/