ORDER

The order of regularization dated 21.11.2007, regularizing the services of the writ petitioners in the sanctioned post of Grade-III Librarian with effect from the date of joining as Grade-III Librarian is under challenge in the present writ petition.

2. The petitioners state that they were appointed by the District Library Officer, Erode/third respondent as Village Librarian on consolidated pay salary of Rs.1,000/- (Rupees one thousand only) per month during the years 1990, 1997, 1998, 1999 and 2000. The petitioners are working as Village Librarian and considering their long services in the post of Village Librarian, the respondents regularize the services of the writ petitioners in the post of Grade-III Librarian, which is a sanctioned post in the time scale of pay. However, the benefit of regularization and permanent absorption was granted from the date on which they are appointed as Grade-III Librarian.

3. The learned counsel appearing on behalf of the writ petitioner contended that the benefit of regularization and permanent absorption is to be granted retrospectively with effect from the date on which the petitioners were initially appointed as Village Librarian and therefore, the order of regularization passed with effect from the date of appointment as Grade-III Librarian is erroneous.

4. The learned counsel for the petitioners reiterated that the initial appointment of the writ petitioners to the post of Village Librarian was made by way of selection and the petitioners were appointed in the permanent post of Village Librarian through District Employment Exchange concerned and therefore, they are entitled to be regularized from the date on which they are appointed as Village Librarian. Thus, the benefit of regularization extended from the date of appointment as Grade-III Librarian is to be set aside and the benefit of retrospective regularization is to be granted to the writ petitioners along with service benefits and other consequential benefits.

5. The learned counsel for the petitioners reiterated that the Government order passed in G.O.No.156, School Education (K2) Department dated 10.09.1998, guidelines were issued for appointment of Village Librarian on consolidated pay. As per the said Government order, the petitioners were recruited as Village Librarian and therefore, there is no irregularity regarding the appointment of the writ petitioners as Village Librarian in accordance with the said guidelines issued by the Government in G.O.No.156, School Education (K2) Department dated 10.09.1998. It is contended that the appointment to the post of Village Librarian was made by following the procedures as contemplated under the Government order and by applying the Rule of Reservation under Rule 22 of the General Rules for the Tamilnadu State and Subordinate Service Rules and therefore, there is no irregularity in the appointment of the writ petitioners as Village Librarian. Thus, they are entitled to be regularized with retrospective effect.

6. The learned Additional Advocate General appearing on behalf of the respondents objected the contentions raised on behalf of the petitioners by stating that no doubt, the petitioners were selected and appointed as Village Librarian through District Employment Exchange. But the post of Village Librarian is an unclassified post and not falling under the cadre post. Thus, the post of Village Librarian is filled through the District Employment Exchange by following the guidelines as contemplated in G.O.No.156, School Education (K2) Department dated 10.09.1998 and the writ petitioners are paid consolidated pay salary of Rs.1,000/- per month and it was periodically enhanced.

7. The learned Additional Advocate General reiterated that the post of Village Librarian is a part-time job and the Libraries in villages are mostly opened during early morning and evening hours and they hardly worked for about 4 to 5 hours per day. Thus, the Government formulated separate guidelines for appointmen