ORDER :

S.S. Sundar, J.

1. W.P. (MD). No. 9086 of 2014 is filed for issuing a Writ of Certiorarified mandamus to quash the order passed by the second respondent, dated 27.02.2014 and to direct the respondents 1 to 3 to conduct Direct Recruitment for appointment to the post of Lab Technician Grade - III by inviting applications from open market pursuant to the proceedings of the second respondent, dated 27.02.2014.

2. W.P. (MD). No. 9199 of 2014 is filed for issuance of Writ of Certiorarified mandamus to quash the notification, dated 25.02.2014 and the consequential call letter issued by the second respondent and to direct the respondent to fill up the post of Lab Technician Grade III in conformity with G.O. Ms. No. 36, Health and Family Welfare (C2) Department, dated 12.02.2014.

3. The brief facts that are necessary for disposal of these writ petitions are as follows:

3.1. The petitioners have stated that they have required qualification for the post of Lab Technician Grade - III. Earlier, the respondents estimated the vacancies for direct recruitment for filling up the vacant posts of Lab Technician Grade - III in the Department of Public Health and Preventive Medicine. Though several vacancies were notified and the Employment Exchange sponsored candidates for filling up the post in 1:5 ratio, it is contended by the petitioners that there was no recruitment for a long time.

3.2. It is admitted by the petitioners that more than 300 Senior Tuberculosis Laboratory Supervisor and Laboratory Technicians who are working in the Revised National Tuberculosis Control Programme (RNTCP) on contract basis submitted representations to the first respondent to absorb them in the existing post of Lab Technicians Grade - III, taking into account their service rendered for more than 8 years in RNTCP programme. Considering the representations of those who were working on contract basis, Government issued G.O. Ms. No. 335, Health and Family Welfare (EAP 1/2) Department, dated 15.10.2008. Vide G.O. Ms. No. 335, a direction was issued to absorb Lab Technicians/Lab Supervisors who were engaged on contract basis and working for more than 5 years of service in the existing regular vacancies of Lab Technician Grade - III in the public Health Department. The Government actually took a decision to accommodate the qualified contract Senior Tuberculosis Supervisors/Lab Technicians as Lab Technician Grade-III in the existing vacancies. Challenging the said Government order, several other persons including the petitioners have filed writ petitions earlier in W.P.(MD) Nos. 10442, 10495, 11018 to 11023, 11474 to 11478 & 11411 to 11413 of 2008. This Court after considering the issue in the perspective of validity of such irregular or illegal appointment, quashed the Government order in the following lines:

"31. However, in the present case on hand, the question of illegal or irregular appointment does not arise. When the Service Rules have been amended by virtue of G.O. Ms. No. 115, Health and Family Welfare (C2) Department, dated 03.04.2007 amending the Special Rules for the Tamil Nadu Public Health Subordinate Service creating a post of Laboratory Technician Grade III by fixing the following qualifications namely:-

(i) must have passed plus two examination

(ii) must possess certificate in Medical Lab Technology (one year duration course)

(iii) must have a good physique, good vision and capacity to do outdoor work.

Whether the Government by way of G.O. without amending the Rules could direct the appointment of Lab Technicians and Lab Supervisors working in RNTCP on contract basis to the said post. The only answer that could be given is that such Notification by the Government without amending the Special Rules especially in the background of G.O. Ms. No. 115, Health and Family Welfare (C2) Department, referred to above prescribing qualifications for the said post, is totally erroneous. The various pronouncement referred to above would indicate that such appointment is b