Court order on typist posts

The Madras High Court has permitted the State government to fill up the posts of Typists and Steno-typists grade III by appointing those who have passed the TNPSC examination in the regular course first.

Those who had passed in a special drive would be required to be shifted, if necessary. Those at the bottom of the list may have to give way for those who had been selected regularly. However, they could claim appointment in future vacancies, the court said.

The First Bench consisting of Chief Justice H.L. Gokhale and Justice K.K. Sasidharan passed the common judgment on a batch of appeals.

The appellants, G. Jamesha and others, were working as Grade III Steno-typists and Typists in the districts in State government service on temporary basis. They were so employed because regular examination by the service commission was not conducted. The results of the competitive examination for Group IV, including for Typists and Steno-typists Grade III, were published in September last year. Consequently, a situation arose to remove all those temporarily appointed and appoint those selected in the examination.

Following a representation by the association of temporary typists and steno-typists to absorb them, the government said a special competitive examination would be conducted for them for the post of typists and steno-typists. Fearing termination, they filed writ petitions. In an order, a Judge gave a direction that after accommodating candidates who were successful in the selection process, the government would accommodate the appellants and other similarly placed persons. Aggrieved by the two orders, the appeals were preferred.

When the matter came up before the Bench, it was informed that the service commission had held the special competitive examination. Many of the appellants were successful.

The Bench held that the special competitive examination was a one-time measure. Those who had passed the exam would have a claim of employment, but they could not claim higher than those who had passed earlier. In these circumstances, the Bench said, those who were successful in the examination conducted in the regular course would be issued their posting orders first. Those who passed in the special drive examination would be shifted, if necessary.

Following a submission by counsel that she had no objection, but the appellants should not be thrown out of employment, the Bench said candidates who were coming under Clause IV category would be appointed in future vacancies, if they were required to be shifted and terminated.

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Printable version | Jul 10, 2020 3:32:27 AM |

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