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2022 Supreme(Mad) 942

S. M. SUBRAMANIAM
K. Chandrasekaran – Appellant
Versus
State of Tamil Nadu, Represented by its Chief Secretary to Government, Secretariat, Fort St. George, Chennai – Respondent


Advocates Appeared:
For the Petitioners: Mr. G. Sankaran.
For the Respondents: Mr. R.P. Murugan Raja, Mr. K. Suresh, Mr. M. Bindran, Ms. S. Mythreye Chandru.

ORDER :

1. The order of rejection rejecting the claim of the writ petitioners to appoint them in the post of Junior Assistant or B.T. Assistant from their initial date of temporary appointment on par with other similarly placed persons given as per G.O.Ms.No.246, Personnel and Administrative Reforms Department, dated 29.08.2003 on notional basis was rejected.

2. The petitioners were initially appointed in the Census Department on temporary basis. Since it was a project related engagement by the Government on temporary basis, the petitioners were ousted from service.

3. Pursuant to the orders of the Hon’ble Supreme Court of India, the Government absorbed these temporary employees in a phased manner and the retrenched employees were reconsidered for fresh appointment in the available vacancies in the cadre of Record Clerk in various Departments without reference to their qualifications.

4. The absorption of the petitioners pursuant to the orders of the Hon’ble Supreme Court of India was made. However, they were not recruited through the Rules in force. The initial engagement of the petitioners were temporary and for conducting Census and subsequently after the completion of the project,

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