The court established that relaxed qualifications for an appointed post extend to feeder categories, affirming previous recognition of employee status despite regulatory non-compliance.

COMMON JUDGMENT

(Judgment of the Court was made by C.KUMARAPPAN, J.)

All the above writ appeals are arising against the common order passed by the learned single Judge on 05.01.2023.

2.The brief facts which are necessary for disposal of the present writ appeals are that, originally the petitioners were the Non Muster Roll employees. By the proceedings of the third respondent dated 30.06.2006, the petitioners and some other persons were appointed in the post of Junior Assistant cum Typist with effect from 23.02.2006. Admittedly, the said appointment was conditional appointment, and the condition is that, within a period of probation, the appointees has to obtain certificate in typewriting. Since the petitioners did not comply the condition, the third respondent recommended vide their order dated 21.06.2017, to appoint the petitioners in another post qua Conservancy Inspector.

3.While sending the proposal, the third respondent considered the interim order passed by this Court in M.P(MD)No.3 of 2013 in W.P(MD)No.5149 of 2013 dated 03.04.2013. In the above writ petition, these petitioners have challenged the order of the first respondent's G.O.Ms.No.129 dated 14.03.2013, by and in which the request for the exemptions from typewriting certificate was rejected. The same was stayed in the above writ petition vide interim order dated 03.04.2013, wherein the Writ Court has passed an interim order to provide employment to the petitioners in some other post. For ready reference, the interim order dated 03.04.2013, as extracted in the third respondent proposal dated 21.06.2017 annexed in the typed-set, is extracted hereunder:

“In any event, it is stated even in the afore-said Government order, the petitioner's are in employment for decades. Hence, the petitioners cannot be terminated. Further, at the same time, they cannot be employed also as Typist. The petitioner shall be provided employment in some other place.”

4.Based upon the above order, the third respondent in the above proposal, dated 21.06.2017 has sent a proposal with the following reasoning:

5.The penetrative reading of the above proposal would unequivocally demonstrate that, the post of Conservancy Inspector has not been filled since 1998, and there were 55 posts vacant, and that such posts can be filled by transfer from the employees who are holding the post of Junior Assistant cum Typist.

6.It is pertinent to mention here that after the order dated 03.04.2013 in M.P(MD)No.3 of 2013 in W.P(MD)No.5149 of 2013, the writ petition itself finally got disposed of on 12.03.2018, wherein the learned single Judge had dismissed the writ petition, thereby confirmed the rejection order passed by the second respondent for relaxation of Typewriting qualification. Aggrieved with the order in W.P(MD)No.5149 of 2013, dated 13.12.2018, one of the petitioner therein preferred an appeal in W.A(MD)No.1466 of 2018, wherein the Hon'ble Division Bench has passed the following order:

“When the matter came up for hearing, the learned counsel appearing for the third respondent would submit that the proposal sent by the third respondent in Na.Ka.No.C3/7249/2007 dated 21.06.2017 is pending consideration before the respondent No.2.

2.In such view of the matter, the (*) second respondent the Commissioner Municipal Administration is directed to take a call on the proposal of the third respondent dated 21.06.2017 to the post of conservancy Inspector within a period of six weeks from the date of receipt of a copy of this order.

3.With the above direction, this Writ Appeal stands disposed of. No costs.”

Therefore, it is amply clear that, not withstanding the order of the learned single Judge, the Hon'ble Division