P SATHYA Vs. TAMIL NADU PUBLIC SERVICE COMMISSION
LAWS(MAD)-2015-9-420
HIGH COURT OF MADRAS
Decided on September 21,2015

P Sathya Appellant
VERSUS
TAMIL NADU PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

- (1.)Regard being had to the common question of law involved in this batch of petitions, all the petitions are being considered and disposed of by a common order.
(2.)The petitioners were appointed as Steno-Typist/Typist through District Employment Office in various judicial districts under the provisions of Rule 10(a)(i) of the General Rules for the Tamil Nadu State and Subordinate Services Rules (for short "service rules"). In the meantime, the first respondent Tamil Nadu Public Service Commission (for short "TNPSC") initiated selection for regular appointment. Similarly situated persons, including some of the present petitioners, filed a batch of writ petitions in Tmt.S.Sornalatha and others Vs. The State of Tamil Nadu and others [W.P.No.3498 of 2013, etc. batch cases], for the relief that they should not be terminated from service and instead, their services in the Tamil Nadu Judicial Subordinate Service should be regularised. All writ petitions were dismissed, vide order dated 27th November, 2014, observing as under :
"5. We have examined the said submission. We are of the considered view that such a direction cannot be granted for more than one reason. Firstly, the petitioners, while working in the post on temporary basis, had an opportunity to participate in the examination conducted by the Public Service Commission for appointment in the said post. Some of the candidates had appeared for the examination and also come out successfully. The petitioners, it appears, have not participated in the selection process. Secondly, the petitioners, while accepting the appointment on temporary basis, were conscious of the fact that their appointment was only till regularly appointed incumbents are available. Thirdly, the petitioners' appointment was not in accordance with the Constitutional scheme of employment. Thus, it cannot be directed to conduct a separate examination for regularisation of the present employees."

(3.)Following the said decision, the other coordinate Bench of the Madurai Bench in a petition by other similarly-situated petitioners in W.P.(MD)No.4059 of 2015, disposed of the same on similar terms, vide order dated 17th April, 2015.


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