M.Kamaraj v. Thiruvarur District Thiruvarur

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09.11.2009CORAMTHE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYAANDTHE HON'BLE MR.JUSTICE M.DURAISWAMYWrit Petition No.7933 of 2009M.Kamaraj..PetitionerVs.1. The District Judge Thiruvarur District Thiruvarur.2. The District Employment Officer District Employment Office Thiruvarur.3. N.Muruganandam4. M.Ravichandran5. The Registrar General High Court, Madras. ..Respondents (R5 impleaded as per the order dated 28.4.2009)-----Petition under Article 226 of the Constitution of Indiapraying for a writ of Declaration for the relief as stated therein.-----For Petitioner : Mr.P.RajaramFor Respondent-1 : Mr.C.T.MohanFor Respondent-2 : Mr.D.Sreenivasan, Addl.G.P.For Respondents 3&4 : Mr.N.G.R.Prasad For M/s. Row & Reddy -----O R D E R(Made by S.J.MUKHOPADHAYA,J.)This writ petition has been preferred by the petitioner fordeclaring the selection and appointment of third and fourthrespondents as Xerox Operator in Thiruthuraipoondi Sub Court asillegal. https://hcservices.ecourts.gov.in/hcservices/

2. As the case can be disposed of on a short point, it is notnecessary to discuss all the facts, except the relevant one, asmentioned here under.3. The Thiruthuraipoondi Sub Court was originally under theDistrict Court, Nagapattinam. The State Government from its Home(Courts III) Department vide G.O.Ms.No.978 dated 27.6.2007 carvedout and constituted District Sessions Court and Chief JudicialMagistrate Court at Thiruvarur, out of old Nagapattinam. TheGovernment sanctioned the employment of staffs for different postsas mentioned in Annexures I and II, including two posts of XeroxOperator, one for the Sessions Court and another for Chief JudicialMagistrate Court. 4. For proper functioning of District Sessions Court and ChiefJudicial Magistrate Court at Thiruvarur, the District Judge,Nagapattinam made a requisition to the District EmploymentExchange, Thiruvarur, by D.No.6009 dated 18.7.2007 to forward alist of eligible persons for appointment to different posts likeJunior Assistants, Steno-Typists etc., including two posts of XeroxOperators. The District Employment Officer, Thiruvarur, in histurn, by Order No.A3/X2/125/07 dated 14.9.2007 forwarded the listof different persons with instruction to fill up the posts withinreasonable period and the procedure to be followed in the matter ofsuch appointment. 5. The names of the petitioner and the third respondent, whobelong to Scheduled Caste category, were forwarded by the DistrictEmployment Officer. However, the name of the fourth respondent wasnot forwarded, since he belongs to Backward Category (handicapped).As per the 100 point roster, as was prescribed in Schedule III tothe General Rules for Tamil Nadu State and Subordinate Services,the posts of Xerox Operator have to be filled in by a memberbelonging to Scheduled Caste category. It appears that theselection was not made within a reasonable time. 6. After three months, the State Government issuedG.O.Ms.No.241 dated 29.10.2007, from its Personnel andAdministrative Reforms (K) Department. By the said order, theGovernment directed that the existing 100 point roster prescribedin Schedule III therein to the General Rules of Tamil Nadu Stateand Subordinate Services be revised into 200 point roster, as inthe Annexure to the said Government Order, so as to providereservation for Backward Class Christians and Backward Class Muslimat three and one-half percent and three and one-half percentrespectively, within the thirty per cent reservation available forBackward Classes. The Government also directed that the above said200 point roster will be given effect from 15.9.2007 and thevacancies arising on and from 15.9.2009 shall be filled up as per https://hcservices.ecourts.gov.in/hcservices/ the 200 point roaster and all selections for appointment againstsuch vacancies on or after 15.9.2007 to be started afresh fromserial number one of the 200 point roster with effect on and fromthe said date (15.9.2007). 7. Though in the present case, the vacancies were of earlierperiod, viz. 27.6.2007, names from the Employment Exchange werecalled for as back as 18.7.2007 and the Employment Exchange, in itsturn, has forwarded the names on 14.7.2007, i.e. prior to15.9.2007, the first respondent did not choose to make selection onthe basis of previous 100 point roster, on the basis of the namesforwarded by the Employment Exchange.8. According to the first respondent, Personnel andAdministrative Reforms Department of the State, issued G.O.Rt.No.20dated 12.2.2008, whereby the method was prescribed to followcommunity wise 1:4 ratio between priority and non-prioritycategory. In view of G.O.Ms.No.241 dated 29.10.2007 andG.O.Rt.No.20 dated 12.2.2008, names were called for by the DistrictJudge, Nagapattinam, by D.No.1813 dated 18.3.2008, followed byD.No.4219 dated 22.7.2008, from the District Employment Officer,Thiruvarur. The District Employment Officer, Thiruvarur forwardedthe names of respondents 3 and 4 and another on 19.8.2008, but thename of the petitioner was not forwarded, since he was not in thepriority list. Therefore, the case of the petitioner was notconsidered, while the case of the others including respondents 3and 4 were considered and they were selected.9. The learned counsel appearing on behalf of respondents 3and 4 submitted that the selection has already been made on17.9.2008 and the respondents 3 and 4 have joined the duty on20.9.2008. It was submitted that the respondents 3 and 4 havingworked for more than a year, the Court should not set aside theirappointment, though they have no objection in case of petitionerbeing considered in any other vacancy.10. We have heard the learned counsel appearing on behalf ofthe parties and perused the records.11. It is not in dispute that the posts of Xerox Operator andother posts were created on 27.6.2007 for the District SessionsCourt and Chief Judicial Magistrate Court at Thiruvarur. Thevacancies having arisen on the said date, the names having calledfor from Employment Exchange on 18.7.2007 and having received thelist of names from the Employment Exchange on 14.9.2007, the firstrespondent should have proceeded with selection on the basis of 100point roster as was prescribed. G.O.Ms.No.241 dated 29.10.2007,whereby the revised 200 point roster was introduced, providingreservation for the Backward Class Christians and Backward ClassMuslims, should not have been given effect to the posts which fell https://hcservices.ecourts.gov.in/hcservices/ vacant prior to 15.9.2007. This will be evident from paragraph 3of G.O.Ms.No.241 dated 29.10.2007 issued from Personnel andAdministrative Reforms Department of the State and quoted hereunder. "3. In pursuance of the above ordinance, theGovernment direct that the existing 100 point rosterprescribed in Schedule-III to the General Rules forTamil Nadu State and Subordinate Services be revisedinto 200 point roster as in the Annexure to thisGovernment order so as to provide reservation for theBackward Class Christians and the Backward ClassMuslims at three and one-half percent and three andone-half percent respectively, within the thirtypercent reservation available for Backward Classes.The Government also direct that the above 200 pointroster shall be given effect from 15.9.2007 and thevacancies arising on and from the 15th September 2007shall be filled up as per the 200 point roster and allselections for appointment shall be started afreshfrom serial number one of the 200 point roster witheffect on and from the said date."12. In that view of the matter, it was incumbent on the partof the first respondent to consider the case of the petitioner,whose name was forwarded on 14.9.2007, along with others forappointment to the post of Xerox Operator on the basis of 100 pointroster prescribed as was invoked at that stage. Without followingthe said procedure and without considering the case of thepetitioner, the first respondent having started fresh selection onthe basis of G.O.Ms.No.241 dated 29.10.2007, which is notapplicable for the vacancies which fell vacant prior to 15.9.2007,we hold that the selection of respondents 3 and 4 as illegal.13. Accordingly, the first respondent is directed to fill upthe posts of Xerox Operators, which were created by G.O.Ms.No.978dated 27.6.2007, on the basis of the names were forwarded by theEmployment Exchange on 14.9.2007. The case of only those whosenames were forwarded on 14.9.2007, including the petitioner and thethird respondent, can be considered for the post of Xerox Operatoron the basis of 100 point roster, without taking into considerationG.O.Ms.No.241 dated 29.10.2007. The selection procedure has to becompleted within a period of three months. In the meantime,respondents 3 and 4 may be allowed to continue till the regularappointment is made out of the said selection. So far as thefourth respondent is concerned, he being a physically handicapped,the first respondent may consider his case against any othervacancy, if any or if fall vacant in future. https://hcservices.ecourts.gov.in/hcservices/ The writ petition is allowed with the aforesaid observationsand directions. There shall be no order as to costs. Consequently,M.P.No.1 of 2009 is closed.kplSd/-Asst. Registrar//True Copy//Sub Asst. RegistrarTo1. The District Judge Thiruvarur District Thiruvarur.2. The District Employment Officer District Employment Office Thiruvarur.3. The Registrar General, High Court, Madras.+ 1 cc to M/s. Row & Reddy, Advocate SR No.59646AKR(CO)SR/16.11.2009W.P.No.7933 of 2009.