Chennai: The Madras high court has declined to interfere with the orders of the Commissioner of Madurai Corporation, refusing to regularize the services of drivers, appointed after the introduction of Solid Waste Management scheme on daily wage basis five years ago.
However, after the counsel for the petitioners submitted that the petitioners were originally appointed to maintain the vehicles purchased under JNNURM scheme for Solid Waste Management System, on daily wage basis and the said scheme was extended up to March 31, 2017 and the working pattern, nature and other ancillary assistance required therefor would be known well to the petitioners and there would always be regular and continuous work, Justice R.Mahadevan said, “Considering the theory of legitimate expectation and considering the fact that the petitioners are working for more than 5 years, this court is of the view that a duty is cast upon the authorities to review their orders impugned herein by considering the plight of the petitioners, if they are otherwise found eligible”.
Disposing of the petitions from L.Jesuraja and 37 others, the judge directed the petitioners to prefer representations along with supportive documents to the authorities, who in turn, consider the same and pass appropriate orders.
The judge said the petitioners and other drivers, who were appointed on March 26, 2013, were specifically recruited to maintain the new vehicles purchased under Solid Waste Management Scheme.
In the proceedings, it was made clear that they were appointed as drivers purely on temporary basis by the Corporation.
Prior to issuance of the appointment orders also, while corporation invited the petitioners for interview, through letter, it was specifically mentioned that the ‘call for’ was on daily wage basis.
Hence, the contention of the petitioners that they were appointed in the regular vacancy becomes nullity, since they were fully aware of the scope and appointment to the post of drivers during appointment itself, the judge added.
The judge said under the Municipal Corporation Service Rules, no provision was available to regularize daily wage employees and hence the request of the petitioner was far-fetched. This court was of the view that if the claim of the petitioners was entertained,
it will act against the statutory rules and also affects the right of Class IV employees to get due promotion, since it was stated in the counter that employees with required qualifications were available and demanding promotion to the post of drivers, the judge added.
The judge said the appointment orders of the petitioners clearly indicate that the petitioners were appointed temporarily against the vacancy. The appointment of petitioners on the basis of the list made by the employment exchange cannot be held as in accordance with constitutional scheme of employment.
