ORDER :

(Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to Writ of Certiorarified Mandamus calling for the records relating to the order made in Ref.No.SP1/E2/2008 dated 09.01.2009 passed by the 3rd respondent and quash the same and consequently forbear the respondents from terminating the petitioners from service.)

1. Heard Mr.G.Ethirajulu, learned counsel for the petitioners and Mr.C.Selvaraj, learned Government Advocate for R1 to R3.

2. All the three writ petitioners challenge communication dated 09.01.2009. The background of the matter is as follows:

(i) The petitioners had completed their plus two and thereafter have enrolled themselves in the District Employment Exchange. Pending consideration of their applications by the Employment Exchange they had qualified as pharmacists.

(ii) With the issuance of G.O.(Ms.)No.630, Health and Family Welfare (L1) Department dated 22.12.1997 and subsequent G.O.(Ms).No.191 dated 14.06.2000, a direction was issued by the Director of Medical and Rural Health Services in proceedings bearing reference No.91319/E5/2/08 dated 12.12.2008 to all Joint Directors of Health Services in the State to fill up the posts of pharmacist in the various districts on or before 31.12.2018. Out of a total number of 105 posts of pharmacists in the State, 3 enured to the Nilgiris District.

(iii) The third respondent i.e. The Joint Director of Health Services called the petitioners for interviews held on 29.12.2008 and temporarily appointed the petitioners for a period of two years under a scale of pay Rs.4500-125-7000 as pharmacists in the Government Hospital, Kothagiri, Nilgiris District. The petitioners have joined duty thereafter and are presently serving there.

3. While this is so, W.P.(MD).Nos.11674 and 11408 of 2008 came to be filed by the Thoothukudi Mavatta Velaivaipatra Marunthalunargal Sangam challenging G.O.(Ms).No.630 dated 22.12.1997 and G.O.(Ms)No.191 dated 14.06.2000, benefit of which had enured to the petitioners in obtaining their employment. It is consequent upon the filing of the above writ petitions, the impugned communication has been issued to the petitioners stating as follows:

'In W.P.(MD).No.11674 & 11408 of 2008 The Madurai Bench of Madras High Court have issued orders regarding appointments for the post of Pharmacists, as per the reference cited.

The copy of the orders of the Madurai Bench is awaited from the Director of Medical and Rural Health Services, Chennai-6. The candidates appointed as Pharmacists in this office appointment order dt. 30.12.2008 are hereby informed that their appointment is subject to the directions and judgment of the High Court (Madurai Bench of Madras High Court) and that the orders of the High Court will be implemented immediately on receipt. The candidates are also informed that their appointments is likely to be cancelled and/or the temporary services are liable to be terminated at any time.

4. Apprehending disturbence of the petitioners employment, present writ petitions have come to be filed.

5. Pending this writ petition, the two writ petitions filed by the Sangam have come to be closed as infructuous on 27.10.2009 and with the closure of the aforesaid writ petitions, the threat posed by filing of the same ceases to exist and the cause of action in this writ petition evaporates. The petitioners are thus not prejudiced in any event from 27.10.2009.

6. M.P.Nos.2,2 and 2 of 2009 in W.P.Nos.831 to 833 of 2009 had come to be filed by one Mr.B.Babu, who had sought to implead himself in the present case. The implead applicaions have come to be dismissed in W.P.Nos.831 & 832 of 2009. However, Mr.Babu was impleaded as the 4th respondent in W.P.No.833 of 2009 and though the name of M/s.Lenin & Bhagya is printed in the cause list as representing him, he is unrepresented.

7. The petitioners have been favoured with an interim injunction protecting their employment for all the intervening years and the interim injunction granted origi