IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.30660 of 2017 and W.M.P.No.33570 of 2017

1. A.Anbalagan

2. P.V.Srinivasan

3. P.Purushothama Rao

4. S.Bhaskaran

5. R.Ganesh

6. R.Kuber

7. A.Nathavalli

8. R.Maruthamalai 9. D.Gnanasekaran

10. M.Sundaramoorthy

11. L.Rajagopal

12. A.Uthirakumar

13. R.Thangeswaran

14. S.Chitra

15. S.Krishnan

16. R.Latha

17. T.Vasudevan

18. R.Venkatachalam

19. K.Balachandar 20. T.R.Ramyadevi

21. S.Anitha

22. G.Komathi

23. P.Divya

24. G.Nithyanandam

25. G.Sudharsanam

26. P.Radhamani

27. V.Krishnamoorthy

28. S.Sivan

29. V.Dhanaraj

30. K.Venkatesan

31. T.O.Shanmugam

32. S.Rajamohana

33. Menaka

34. A.Rathna 35. R.Sowdha

36. J.Immanuvel 37. K.Govindaraj

38. Sumathi

39. Murugammal

40. K.Senthilkumar

41. P.Sundaram

42. G.Saraswathi

43. M.Kali

44. R.Gowramma

45. L.sumathi

46. K.Selvakumar

47. Gopinath

48. G.Prabhakaran

49. K.Bharathi

50. J.Surya

51. Kowsalya

52. Sudha Thirupathi

53. G.Madevi

54. S.Velusamy

55. K.Ashokan

56. D.Geetha

57. G.Venkatachalam

58. C.Yellappa

59. V.Pushpa

60. T.Srikanth

61. S.Chandrakumar

62. S.Vasugi

63. D.Kumaresan

64. M.Mayakannan 65. R.Viswanathan

66. Indhumathi .. Petitioners Vs.

1. The Government of Tamil Nadu Rep. by The Secretary Finance Department Fort Saint George, Chennai - 600 009.

2. The Government of Tamil Nadu Rep. by The Secretary Rural Development and Panchayat Raj Department Fort Saint George, Chennai - 600 009.

3. The Government of Tamil Nadu Rep. by its Secretary Social Welfare and Nutritious Meal Program Department Fort Saint George, Chennai - 600 009.

4. Tamil Nadu Puthu Vazhvu Society Rep. by its Member Secretary / Project Director Puthu Vazhvu Project

2nd Floor, Annai Theresa Mahalir Valagam Valluvar Kottam High Road Nungambakkam, Chennai - 600 034. .. Respondents Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to absorb the petitioners in any one of the Government Departments / Government Undertakings in the existing vacancies on the basis of their qualification and experience.

For Petitioners : Mr.V.Thirupathi For Respondents : Mr.B.Vijay Additional Govt. Pleader for respondents 1 to 4

O R D E R

The relief sought for in the present writ petiton is to direct the respondents to absorb the petitioners in any one of the Government Undertakings in the exsisting vacancies on regular basis.

2. The petitioners were appointed as Team Leaders /

Facilitators by the District Puthu Vazhvu Society from the year 2009 onwards. It is not in dispute that the petitioners were appointed as consolidated pay salary employees under the scheme namely, the Puthu Vazhvu Scheme Project. The appointment was made by the District Puthu Vazhvu Society / fourth respondent. Thus, initially the appointment of the writ petitioners was not made for sanctioned posts, by following the Recruitment Rules in any one of the Government Departments. Since, the petitioners were appointed in the Project and they were allowed to continue in service for a considerable length of time in the Project, learned counsel for the petitioners states that they may be accommodated in any one of the Government Departments.

3. This Court is of the considered opinion that when the consolidated pay salary employees were appointed on temporary basis in the Project for a tenure, cannot seek regularization or permanent absorption in the sanctioned posts in the Government Departments. In the present case, the petitioners were appointed as Team Leaders / Facilitators by the District Puthu Vazhvu Society / fourth respondent on consolidated pay salary and they were continuing as project employees and therefore, they are not entitled to be regularized in any sanctioned posts in the Government Departments.

4. The learned counsel for the petitioner states that a new project has already been introduced by the Government, wherein, the petitioners may be provided with an opportunity. In view of the said submission, the respondents may consider th