IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:19.06.2013 CORAM; THE HONOURABLE MR.JUSTICE T.RAJ.W.P.NO.22872 OF2008and M.P.No.1 of 2008 S.Premanand ..Petitioner vs 1.The Commissioner of Fisheries DMS Camp Chennai 600 006 2.The Joint Director of Fisheries (Regional) Thoothukudi 3.The Assistant Director of Fisheries Aqua Culture Nagercoil ..Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the fiRs.respondent to appoint the petitioner in any suitable vacancy and regularize the service from the date of initial appointment in accordance to law.
for petitioner :Ms.Malarvizhi Udayakumar for respondents :Mr.R.Vijayakumar Additional Government Pleader for R1 to R3 ORDER
This writ petition was filed by S.Premanand seeking a prayer for issuance of a writ of Mandamus to direct the fiRs.respondent-Commissioner of Fisheries, DMS Camp, Chennai 600 006 to appoint the petitioner in any suitable vacancy and thereafter, to regularise the service from the date of initial appointment in accordance with law.
2.
Ms.Malarvizhi Udayakumar, learned counsel appearing for the petitioner stated that the petitioner having passed S.S.L.C.which is the requisite qualification for any lower level post in the Fisheries Department was considered for appointment as Fisherman.
When the petitioner has registered his name in the employment exchange, his name was also sponsored for the post of Fisherman.
Thereafter, when the petitioner participated in the interview he was selected for the post of Fisherman and posting order was also issued on 8.1.1998 at Chittar Dam II which is coming under the control of Fish Farmers Development Agency.
He was ousted from service on 30.09.1998 and was re-appointed on 18.12.1998.
Once again he was ousted on 30.06.2000 due to reorganization in the department.
Subsequently, he was issued with the reposting order on 29.9.2000.
Thereafter, the service register was also opened.
Since then he was employed continuously till March 2008.
While he was working as a Fisherman, he was refused employment from March 2008.
Subsequently, when he has made an application to find out the availability of any vacancies in the Department under Right to Information Act, it was mentioned in the reply that out of six vacancies mentioned, two vacancies pertaining to Fisheries Overseer Grade II were available.
Therefore, it was stated that when the petitioner was appointed through employment exchange and selected by proper interview on the ground that he passed S.S.L.C., after allowing the petitioner for about 9 yeaRs.the respondent cannot refuse to give any employment, particularly, in the light of the available vacancies as per the reply given by the respondent in the said department.
In this background, the learned counsel prayed for suitable direction to consider the case of the petitioner for appropriate appointment and consequential regularisation.
3.
A detailed counter affidavit has been filed.
Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents submitted that when the petitioner was appointed through employment exchange as a Fisherman, unfortunately during the couRs.of re-organisation of the whole Department of Fisheries, the Fish Farmers Development Agency ceased to function as a separate unit, hence, the functions of Fish Farmers Development Agency were entrusted to the Assistant Director of Fisheries (Aqua-culture).Nagercoil as an additional work.
In view of that he was ousted from service with effect from 30.6.2000.(vide memo No.527/2000 dated 30.6.2000 of Chief Executive Officer, Fish Farmers Development Agency, Nagercoil).Subsequently, the petitioner was asked to work with effect from 25.9.2000 for Fish Farmers Development Agency and not for the Department Unit.
That does not mean that the petitioner is entitled for claiming regular appointment.
More over, when the petitioner was appointed, in his appointment order, it has been clearly mentioned that the post was only on Daily Wage basis and accordingly, wages were paid to the petitioner for the days he worked in every month.
The petitioner was also aware of the conditions of the job, therefore, he cannot ask for regularisation of employment on Daily Wage basis as a matter of right.
It was also stated that when he was working as Fisherman on daily Wage Basis, his work was to look after the fish seeds reared in the cement ponds in the Fish Farm.
Unfortunately, the cement ponds developed cracks over the past year viz., 2008, as a result, all the cement ponds turned unsuitable for fish seed rearing.
In view of these developments, rearing of fish seeds was also stopped.
Thus, as there was no work in the Fish Farm, services of the daily wage employee were not required any more.
As a result, the petitioner could not be provided with any work.
Having regard to the above, it is not possible to consider the plea of the petitioner either for regularisation or re-employment.
This Court finds some force in the above submissions.
4.
Be that as it may, the fact remains that the petitioner was appointed as Fisherman through the Employment Exchange with the SSLC Qualification possessed by him and he was allowed to work on daily-wage basis for six yeaRs.of course, with interruption in service due to frequent ousters and re-joining in the post.
The appointment of the petitioner through Employment Exchange appeals to this Court coupled with the fact that totally, he has rendered service for 6 years and 4 months.
Having regard to the same, on humanitarian grounds, this Court deems it just and proper to direct the respondents to give preference to the petitioner in the event any future vacancy, either daily-wages or permanent, arises against the last-grade servant post.
5.
With this observation, W.P.No.22872/2008 stands disposed of.
No costs.
Consequently, M.P.No.1/2008 is also disposed of.
19.06.2013 index:yes/no internet:yes sal To 1.The Commissioner of Fisheries DMS Camp Chennai 600 006 2.The Joint Director of Fisheries (Regional) Thoothukudi 3.The Assistant Director of Fisheries Aqua Culture Nagercoil Note to office:Issue order copy on 14.8.13 rkm T.RAJA,J.
(sal) W.P.NO.22872 of 2008 19.06.2013