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Madras High Court

B.Sankaralingam vs The Secretary To Government on 30 June, 2022

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                               W.P.No.5211 of 2020

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED : 30.6.2022
                                                           CORAM
                                     THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR

                                                    W.P.No.5211 of 2020


                     1     B.Sankaralingam
                     2     A.Chandrasekaran
                     3     G.Nithya
                     4     V.Sathya
                     5     B.Shahul Hameed
                     6     S.Senthilkumar
                     7     P.Rajalakshmi
                     8     K.Tamilselvi                         ...        petitioners


                                              Vs.

                     1     The Secretary to Government
                           Health and Family Welfare Department,
                           Secretariat, Chennai-9.

                     2     The Director,
                           Public Health and Preventive Medicine and
                           Chief Registrar of Birth and Death,
                           DMS Campus, Teynampet, Chennai 18...             Respondents


                     Prayer:- The Writ Petition is filed under Article 226 of the Constitution of
                     India, seeking for a Writ of Mandamus, directing the respondents to dispose
                     of the representation of the petitioners dated 27.12.19 and 10.1.2020
                     respectively.

                                  For Petitioner              : Mr.P.Manoj Kumar
                                  For Respondents 1 to 3      : Mr.T.Chezhiyan, A.G.P.
                                                           ******




https://www.mhc.tn.gov.in/judis
                     1/4
                                                                                 W.P.No.5211 of 2020

                                                        ORDER

In order to strengthen the system of Civil Registration in States/UTs as the same is suffering from shortage of technical manpower, the Registrar General of India has decided to support financially to the States for hiring manpower at District/State level. The petitioners herein were engaged to the post of Data Processing Assistants on contract basis. The petitioners herein made representation to the second respondent dated 13.2.2019 for regularisation of their services. However, no order has been passed on the said representation. Therefore, the petitioner has filed the present writ petition before this Court.

2. In the counter affidavit filed by the second respondent, it is stated that as per the guidelines issued by the Registrar General of India towards hiring manpower, it has been directed to engage the Data Processing Assistants and State Coordinators on contract basis and to obtain agreement as per the format vide reference No.6/11/2013/VS/(CRS)/3304 dated 2.9.2013. The engagement of the Data Processing Assistants is purely on temporary, contract basis for various work in CRS for the maximum period of one year and the Data Processing Assistants would not be entitled to any claims, rights, interest or further benefits in terms of regularization or consideration of further appointment to any post including any claims for any casual, adhoc, temporary or regular services in the Government. https://www.mhc.tn.gov.in/judis 2/4 W.P.No.5211 of 2020

3. In view of the stand taken by the respondent that the petitioners were hired on contract basis for various work for the short period of service, the petitioners cannot claim as a matter of right, regularization of their services. Hence, there is no merit in the writ petition.

4. Accordingly, the writ petition stands dismissed. No Costs.

30.6.2022 Speaking / Non-Speaking order Index:Yes/No vaan To 1 The Secretary to Government Health and Family Welfare Department, Secretariat, Chennai-9. 2 The Director, Public Health and Preventive Medicine and Chief Registrar of Birth and Death, DMS Campus, Teynampet, Chennai 18 https://www.mhc.tn.gov.in/judis 3/4 W.P.No.5211 of 2020 D.KRISHNAKUMAR,J.

vaan W.P.No.5211 of 2020 Dated: 30.6.2022 https://www.mhc.tn.gov.in/judis 4/4