Proper procedure for addressing appointment disputes and the obligation of the respondent to consider representations and pass appropriate orders within a specified timeframe.

JUDGMENT

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.4748/A2/2019, dated 15.10.2019 passed by the 2nd respondent and quash the same as illegal and consequently, direct the 2nd respondent to appoint the petitioner in the post of Grade III Librarian by way of recruitment by transfer from the post of Village Librarian with effect from 01.10.2013 along with all monetary benefits and arrears of pay by extending the benefits of G.O.(Ms) No.101, School Education (Po.Nu.1) Department, dated 12.05.2015 within a time frame that may be stipulated by this Court.)

1. The present writ petition has been filed to call for the records pertaining to the impugned order in Na.Ka.No.4748/A2/2019, dated 15.10.2019 passed by the 2nd respondent and quash the same as illegal and consequently, direct the 2nd respondent to appoint the petitioner in the post of Grade III Librarian by way of recruitment by transfer from the post of Village Librarian with effect from 01.10.2013 along with all monetary benefits and arrears of pay by extending the benefits of G.O.(Ms) No.101, School Education (Po.Nu.1) Department, dated 12.05.2015 within a time frame that may be stipulated by this Court.

2. The learned counsel for the petitioner would submit that educational qualification of the petitioner is +2, C.Li.Sc and B.A. He was working as a Village Librarian at Subramaniapuram, Virudhunagar District. From the date of initial appointment on 24.09.2008 as Village Librarian to till date, he is serving in the said post without any blemish. Further, he would submit that the respondents invited applications from eligible candidates for the appointment to the post of Village Librarian on temporary basis. The District Employment Exchange Office, Virudhunagar sponsored a list of candidates including the petitioner to the respondents. The 3rd respondent addressed the petitioner a call letter to participate in the interview with all educational and other certificates. The petitioner participated in the interview and the 3rd respondent selected and appointed the petitioner as Village Librarian on temporary basis against the regular sanctioned vacant post, dated 24.09.2008.

3. The 3rd respondent appointed the petitioner in terms of the selection process as per the rules of the Government. The petitioner was working as a full time Village Librarian and he received Rs.1,500/- as consolidated pay and now, the petitioner is receiving Rs.9,552/- as special time scale every month from the Government treasury and the respondents deduct Rs.60/- towards family benefit fund and Rs.180/- towards New Health Insurance Scheme like regular Librarians working in the Library Department. The petitioner is also paying personal tax to the Government every year. He is a member of contributory pension scheme and his subscription number is 7155232.

4. The respondents have to regularize his service of Village Librarian after completion of 5 years with upgradation as Librarian Grade III from the date of initial appointment in the light of G.O.(ID)No.2, School Education (K2) Department, dated 05.02.1997. The services of 160 Village Librarians were regularized with upgradation of Librarian Grade-III vide G.O(Ms)No.101, School Education (Po.Nu.1) Department, dated 12.05.2015.

5. The petitioner has been working as a Village Librarian on temporary basis more than 10 years continuously without any break since his appointment. Though the petitioner was employed like other Village Librarians who were appointed in the year 2008 and whose services were regularized with upgradation as Librarian Grade III in the year 2015, the respondents have not regularized the service of the petitioner. Despite the perennial nature of work which the petitioner has been serving and despite he made a representation, dated 13.11.2017 requesting them to regularize the servic