Vs. Thiru A.P.Muthuswami & Anr  Insc 440 (29 August 2001)
Babu & S.N. Variava Rajendra Babu, J. :
Contempt Petition (Civil) No. ../2000 in C.A.No.810/98]
interim order dated March
11, 1999, directions
were given to work out a scheme to absorb the respondents in C.A.No.810 of
to the said order, the Government framed the scheme and placed the same before
the court. Thereafter, having looked into the scheme framed by the Government,
by an order made on September
28, 1999, this Court
disposed of the matter finally and gave certain directions. It is now stated
that the manner in which the scheme is being implemented is not in conformity
with the directions issued by this Court and, therefore, the present contempt
petitions have been filed.
petitions are really in the nature of seeking implementation of the order made
by this Court rather than to punish any of the respondents.
order dated September
28, 1999 disposing of
C.A.No.810/98, this Court stated that there were three conditions in the matter
of absorption of the retrenched employees who were working in the Census
Department and they were as follows:
Retrenched employees of the Census Operation in Tamil Nadu with not less than
six months service were placed in priority (iii) list under Group III for
employment assistance through Employment Exchanges.
period of three years was ordered to be excluded in computing their age for
appointment through the Tamil Nadu Public Service Commission and the Employment
Exchanges, provided they had rendered temporary service of at least six months
in the Census Organisation of the State.
The rule of reservation was to be followed in making the appointment of
retrenched census employees.
the matter was further clarified in the following manner:
circumstances, we direct the State Government to modify the scheme in respect
of these two conditions. It would be appropriate for the State Government to
delete these two conditions and all that may be insisted upon is that the
retrenched employees of the Census Department should be placed in Group IV and
the condition relating to the exclusion of three years from their age shall be
deleted. Subject to this modification, the scheme proposed by the State
Government may be worked out so as to absorb the respondents in services of the
State Government or in any of the Local Authority or Government undertakings as
may be feasible as expeditiously as possible.
Government has now stated the manner they have worked out the orders made by
this Court earlier. The following modification, inter alia, was carried out in G.O.Ms
No. 144, P&AR dated 11.8.1999:
All the retrenched employees of Census Organisation shall be placed in priority
(iii) list under Group IV for employment assistance through Employment
Exchanges for sponsoring against the vacancies arising in State Government,
Local Bodies and Public Undertakings.
The retrenched employees of Census Organisation shall be exempted from the age
limit prescribed in the relevant service rules governing the posts in which
they are to be appointed. This concession shall apply only to the retrenched
employees of 1991 Census.
order to the extent of clause (a) above is not justifiable to ask the ex-employees
to be sponsored again by Employment Exchanges and that condition will not be in
conformity with the order made by this Court. We make it clear that the proper
course would be to consider their cases as retrenched employees in a separate
category and work out a scheme to fit them against appropriate posts in
appropriate departments in the State Government, Local Bodies and Public
Undertakings without insisting upon such retrenched employees being sponsored
by the Employment Exchanges. We also make it clear that clause (b) will remain
undisturbed as the same is in conformity with the order made by this Court. Let
these directions be complied with in three months from today.
contempt petitions are disposed of in terms of the aforesaid directions.
RAJENDRA BABU ] ...J.
VARIAVA] AUGUST 29,