The main legal point established is that the appointment of the petitioners was not illegal, and they were eligible for regularisation of their services.

JUDGMENT

(Common Prayer : Writ Petitions are filed under Article 226 of Constitution of India, seeking Writ of Certiorarified Mandamus to call for the records relating to the G.O.Ms.(3D) No.47 dated 19.09.2011 and to quash the same in so far as the petitioners are concerned and consequently direct the respondents to regularise the services of the petitioners from the date of appointment with consequential and other attendant benefits including arrears of salary, within the time frame to be fixed by this Court.)

1. The petitioners have filed the above writ petitions praying for a Writ of Certiorarified Mandamus to call for the records relating to the G.O.Ms.(3D) No.47 dated 19.09.2011 and to quash the same in so far as the petitioners are concerned and consequently direct the respondents to regularise the services of the petitioners from the date of appointment with consequential and other attendant benefits including arrears of salary, within the time frame to be fixed by this Court.

2. The learned senior counsel appearing for the petitioners submitted that the petitioners belong to Schedule Caste Community, Backward Class community respectively and were appointed as Junior Assistant Cum Typist, Junior Assistant and Typist respectively on contract basis with consolidated pay as per the proceedings of the 3rd respondent dated 01.12.2003, 01.02.2005 & 07.11.2005 respectively in pursuant to the orders passed by the State Government in G.O.(D) No.1020, Home (Court, IV) Department dated 09.09.2002. The State Government has formed Department of Government litigation for the Administration of the Office of the Advocate General, Government Pleader and Public Prosecutor as per the orders of the Government issued in G.O.Ms.No.1466, Home (Courts – IV) Department, dated 06.10.1997 and the Government has sanctioned the posts to the office as per the details given in the Annexure of the said order. Since no Service Rules/Adhoc Rules were framed for the staff of the Department, the General Rules of Tamil Nadu State and Subordinate Services were followed for recruitment of staff and other service conditions.

3. The learned senior counsel further submitted that during the ban imposed by the State Government in the year 2001, there was acute shortage of staff in the office of the 3rd respondent, therefore due to the shortage of staff, the office of third respondent has faced serious crisis to carry out day to day work and hence the 3rd respondent has forwarded a proposal to the Government to release the ban orders in order to fill up the vacancies or to permit to make appointment on contract basis. In furtherance to the same, the Government has passed the orders in G.O.(D)No.1020, Home (Courts-IV) Department, dated 09.09.2002 permitting the 3rd respondent to fill up the five posts of Steno- Typist-cum-Junior Assistant or Typist-cum-Junior Assistant on consolidated pay of Rs.3,000/- per month on contract basis. Based on the orders passed by the Government in G.O.(D)No.1020, Home (Courts-IV) Department, dated 09.09.2002, the petitioners were appointed as Junior Assistant Cum Typist, Junior Assistant and Typist respectively as per the proceedings dated 01.12.2003. Since they were fully qualified for the post of Typist with reference to age and educational qualification. From the date of appointment, the petitioners were continuously working in the office of the Government Pleader, High Court, Chennai 600 104 with utmost sincerity and honesty without giving any room for any complaint or whatsoever.

4. The learned senior counsel further submitted that there are more than 35% of the sanctioned posts in the office of the 3rd respondent and the same are lying vacant and the petitioners being appointed on contract basis strenuously working by carrying out all the works assigned to her in order to meet out the huge volume of work to be completed on day to day basis. Thereafter the petitioners made a representation along with other similarly placed persons for