COMMON ORDER

Since the issues involved in these writ petitions are one and the same, they are heard together and disposed of by way of this common order.

2. According to the petitioners, their names were sponsored by the Employment Exchange and they were appointed as Drivers in Mobile Medical Units on consolidated basis after following the procedure on 07.12.2007, 18.03.2008, 18.03.2008, 04.08.2009, 04.08.2009, 24.10.2008, 29.02.2008 and 04.08.2009 respectively. The petitioners were appointed in the regular vacancy and they are working continuously from the date of appointment and therefore, they are entitled for regularisation. The petitioners and similarly placed persons made several representations for regularisation from the date of their initial appointment. On 03.10.2012, the second respondent sent communication to the first respondent to absorb the Drivers, like the petitioners into regular vacancies, who were appointed through Employment Exchange and the second respondent called for particulars of those Drivers from the concerned Health Units for the purpose of regularization. The Health Units sent the particulars of those Drivers, including the petitioners to the second respondent. The second respondent, by the proceedings, dated 19.12.2013 sent the details of Drivers, including the petitioners to the first respondent for regularization of their service. Subsequently, there was no progress made on the said issue. In the meanwhile, one M.Subramani, who was appointed in the year 2010 as a Driver on consolidated pay through Employment Exchange, was absorbed in the existing vacancy and his service was regularized, vide G.O(Ms)No.74, Health and Family Welfare (EAP II-2) Department, dated 27.02.2014, by the first respondent. In G.O(Ms) No.91, Personnel and Administrative Reforms (S) Department, dated 14.08.2015, the Government decided to treat the temporary posts, which are in existence for more than 5 years, as permanent posts. According to the petitioners, they are also similarly placed persons, like M.Subramani and hence, the Association sent representation to the first respondent on 21.05.2018, for regularization of its members reiterating the contents of G.O.(Ms)No.91, Personnel and Administrative Reforms (S) Department, dated 14.08.2015. While so, the petitioners and others filed writ petition in W.P(MD)No.4162 of 2019, for regularizing their service. This Court, by order dated 22.03.2019, disposed of the said writ petition recording the submission of the learned Special Government Pleader that the proposal to absorb the petitioners, who are working as Drivers in the existing vacancy is under favourable consideration and appropriate decision would be taken within a period of twelve weeks. The respondents did not pass orders within the time limit granted by this Court. Hence, the petitioners filed contempt petition in Cont.P.(MD)No.207 of 2020. When the contempt petition was taken up for hearing, the first respondent produced the Government Order in G.O(Ms)No.69, Health and Family Welfare (AB1) Department, dated 25.02.2020, and submitted that the Government decided to absorb 58 Mobile Medical Unit Drivers, including the petitioners, by relaxing Rule 4 for category 15 of Branch-V Miscellaneous of the Special Rules for the Tamil Nadu Medical Subordinate Services. Recording the same, the said contempt petition was closed. Consequent to the said Government Order, the second respondent issued proceedings, dated 06.03.2020, appointing the petitioners and others in the post of Drivers in the existing vacancy in the various Primary Health Centres with effect from the date of joining their duty. The petitioners have come out with the present writ petitions challenging the portion of the Government Order regularising their service from the date of joining in the year 2020 and not from the date of their initial appointment.

3. The learned counsel appearing for the petitioners submitted that the petitioners are entitled to be regu