Temporary service is to be counted for increments and probation only and not for seniority.

Common Order:

Elipe Dharmarao, J.

For the sake of convenience and easy reference, the writ petitioners are referred to as the petitioners, the persons, who filed the original applications before the Tribunal are referred to as the respondents and the Official Respondents are referred to as per their Designations.

.2. The respondents were originally appointed as Surveyor-cum- Draftsmen, Typist-cum-Junior Assistants on consolidated salary, in the early 1980s, in the Survey and Land Record Department, for execution of updating of land records in two phased manner and they were provided with training at the cost of the Government. The said Scheme, undertaken by the Government for updating the land records, ended by about 1987 or 1988. Pursuant to the representations made by the respondents and taking into consideration the fact that the respondents were provided with training at the cost of the Government, the Government, on sympathetic grounds, had expressed its decision with regard to granting permanent employment to all those appointees under consolidated pay in the Survey Department, by issuing G.O.Ms.No.1092, dated 210. 1986. Consequently, G.O.278, dated 24. 1992 was issued, ordering appointment of 272 persons as Junior Assistants-cum-Typists in Social Welfare Department. In this connection, the Director of Social Welfare issued proceedings dated 30.7.1992, 18. 1992 and 23. 1993, in reference No.135889/Adm 3(3)/91, wherein it has been specifically stated that the persons working in the Survey and Land Records Department in consolidated pay are being appointed as Junior Assistant-cum-Typist in the Social Welfare Department under Rule 10(a)(i) in time scale of pay Rs.975-25-1150-30-1660 and their services will be regularised only after obtaining concurrence from the Tamil Nadu Public Service Commission.

3. In the meanwhile, the Tamil Nadu Public Service Commission called for applications from eligible candidates for the posts of Junior Assistants and Typists (Group-IV) in the Social Welfare Department in the year 1991 and the petitioners were appointed, after due selection process, between 1993 and 1995 as Junior Assistants and Typists and thereafter, their services were also duly regularised.

4. On 11. 2001, the Commissioner of Social Welfare had passed orders publishing a combined seniority list of Junior Assistants, Steno-typists/Typists working in the Social Welfare Department, wherein the names of the respondents does not find place. Aggrieved, the respondents filed a batch of Original Applications before the Tamil Nadu Administrative Tribunal, praying for a direction to the Secretary to Government, Social Welfare Department and Commissioner, Social Welfare to regularise their employment as Junior Assistant/Typist in the Social Welfare Department. The Tribunal, by its common dated 17. 2002 in O.A.Nos.1442 of 2002 etc. batch has directed the Secretary to Government, Social Welfare Department, Chennai to pass regularissation orders in respect of the applicants. Since, the Government has not passed any order within the time stipulated by the Administrative Tribunal, the respondents have filed Contempt Applications before the Tamil Nadu Administrative Tribunal and during the pendency of the said contempt proceedings, the Government issued G.O.Ms.No.65 Social Welfare Department, dated 24. 2003, regularising the services of the respondents and others, totalling to 272, with effect from the date of their appointment in the Social Welfare Department, after obtaining concurrence of the Employment cum Administrative Reforms Department in Aa.Sa.Ku.No.52372/B/02-1, dated 29. 2002. In view of the said G.O. issued by the Government, the Contempt Applications were closed. Thereafter, based on the G.O.Ms.No.65, dated 24. 2003, the Head of the Department of the Social Welfare Department had issued the consequential orders of regularisation of the respondents on 6. 2003.

5. In the meanwhile, on 30.4.2003, the petitioners and