Observing that a person cannot be denied appointment as Junior Assistant because he expressed his willingness to work as a sweeper, the Madras High Court has set aside Government Orders and directed the authorities that he shall be appointed to the post if there was a vacancy in the future.
Petitioners C.R. Murugan and V. Babu, who were appointed as sweepers in the Tamil Nadu Motor Vehicle Maintenance Department on compassionate grounds in 2008, had said that they would not claim appointment to the post of Junior Assistant on compassionate basis.
Since their representation to department officials seeking appointment as Junior Assistants in December last year were rejected, they had moved the High Court seeking to quash the Government Orders.
The Special Government Pleader, V. Jayaprakash Narayanan, submitted that they had expressed their willingness to work as sweepers on compassionate grounds and wouldn’t claim appointment to the post of Junior Assistants and that was the only reason to reject their representations.
Senior counsel for the petitioner, M. Kalyanasundaram, contended that the petitioners couldn’t be denied appointment whenever it arose, especially when they possessed the required qualification.
On hearing both sides in both the cases, Justice D. Hariparanthaman set aside the two G.O.s in separate orders and said that they shall be appointed as Junior Assistants. “However, it is made clear that the petitioner’s claim should be considered, after considering the claim of petitioners who are in the waiting list prior to the petitioner,” the judge said.
Court sets aside two Government Orders
