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Madras High Court

S.Karuppiah vs The Government Of Tamil Nadu on 10 October, 2018

Bench: S.Manikumar, Subramonium Prasad

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2018
CORAM:
THE HON'BLE MR.JUSTICE  S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE  SUBRAMONIUM PRASAD

W.P.No.2937 of 2018 and
Cont.P.No.1773 of 2015 and
W.M.P.No.3599 of 2018
S.Karuppiah						...    Petitioner
vs.

1.The Government of Tamil Nadu,
   rep by its Chief Secretary,
   Secreteriate, Fort St.George,
   Chennai-9.

2.The Secretary to the Government of
    Tamil Nadu,
   Adi Dravidar and Tribal Welfare Debt.,
   Fort St., George, Chennai-9.

3.The Secretary,
   Tamil Nadu Public Service Commission,
   TNPSC Building, Frazer Bridge Road,
   VOC Nagar, Park Town,
   Chennai-600 003.

4.The National Commission for Scheduled Casts,
   Rep by its Chairman,
   5th Floor, Lok Nayak Bhavan
   Khan Market, New Delhi-110003.

5.The Commission for Scheduled Tribes,
   6th Floor, B-Wing,
   Lok Nayak Bhavan,
   Khan Market, New Delhi-110003.			...  Respondents

Prayer in W.P.No.2937 of 2018: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents and in particularly respondents No.1 to 3, to implement G.O.Ms.No.46, dated 23.09.2016, passed by the 2nd respondent to fill up the shortfall vacancies of 1848 before making appointment based on the Notification No.23/2017, dated 14.11.2017, issued by the 3rd respondent in order to achieve the constitutional goal.


Prayer in Cont.P.No.1773 of 2015: Contempt Petition is filed under Section 10 and 12 of the Contempt of Courts Act, 70/71 to punish the respondents for having committed contempt of Court for disobeying the order dated 18.07.2014 made in W.P.No.25062 of 2012.

		For Petitioner 	: Mr.P.Vijendran

		For R1 and R2	: Mr.E.Manoharan
					  Additional Government Pleader.

		For R3		: Mr.M.Loganathan

		For R4 and R5	: Mr.A.Murugan
					  Central Govt. Standing Counsel.
 

ORDER

(Order of the Court was made by S.MANIKUMAR, J) In W.P.No.2937 of 2018, petitioner has sought for a writ of Mandamus, directing the respondents and in particular, respondents 1 to 3, to implement G.O.Ms.No.46, dated 23.09.2016, passed by the Secretary to the Government of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Chennai/respondent No.2, to fill up the shortfall vacancies of 1848 before making appointment based on the Notification No.23/2017, dated 14.11.2017, issued by the Secretary, Tamil Nadu Public Service Commission, Chennai/respondent No.3 in order to achieve the constitutional objectives.

2. Alleging disobedience of order made in W.P.No.25062 of 2012, dated 18.07.2014, Contempt Petition No.1773 of 2015, has been filed.

3. On 13.07.2018, statutory notice has been issued to the second respondent, making it clear that, if the order is complied with, in the meanwhile, respondent No.2 need not appear before this Court. For brevity, the same is extracted hereunder:-

"Learned counsel appearing for the petitioner would submit that despite orders of extension to give effect to the order dated 18.07.2014 made in W.P.No.25062 of 2012, no compliance is reported.
2. The contempt petition is pending from the year 2015. Though three years have elapsed, there is no compliance reported. In such view of the matter,we are inclined to admit the Contempt Petition. Accordingly, Admit, Issue statutory notice to the second respondent. However, if the order is complied with in the meanwhile, the second respondent need not appear before this Court."

4. As prayer in W.P.No.2937 of 2018 and Contempt Petition No.1773 of 2015, are inter related, submissions and arguments, are common, both are taken up together and disposed of by the common order.

5. Having gone through the averments made in W.P.No.2937 of 2018 as well as Contempt Petition No.1773 of 2015, on 03.10.2018, we passed the following order:-

In G.O.Ms.No.46, Adi Dravidar and Tribal Welfare Department (P.M(2)), dated 23.09.2016, Government have notified 1848 backlog SC/ST vacancies. For brevity the said G.O., is extracted hereunder:-
"Abstract Adi Dravida and Tribal Welfare Department-Shortfall Vacancies in Government Departments relating to Adi Dravida and Tribal persons-a high power committee instituted to find out vacancies-identification of-filling up orders issued
-------------------------------------------------------------------------
Adi Dravida and Tribal Welfare Department (P.M(2) Department Department (P) No.46 Date: 23.09.2016 Thunmuki Year Purattasi Thingal 7th day Thiruvalluvar year 2047
1. G.O.(Ms) No.3, Adi Dravida and Tribal Welfare PN2 Department dated 05.01.2012
2. W.P.No.25062/2012 order of High Court dated 18.07.2014
3. Joint Report dated 12.01.2016 and 15.06.2016 of high power committee ORDER:-
In the Government order first cited it was indicated that there is a shortfall in the vacancies reserved for Adi Dravida and Tribal in various Government Departments and to identify a high power committee was constituted.
2. In the order dated 18.07.2014 in W.P.No.25062/2012 the High Court passed an order that the vacancies in the Government Departments for vacancies reserved for Adi Dravida and Tribal should be ascertained by a high power committee and a report on shortfall to be obtained by the Government and action should be taken for filling up the vacant post within a specified time and order passed for that.
3. In the G.O first cited the high power committee will find out the vacancies in A,B>C and D categories for Adi Dravida and Tribal people which should be 18% and 1% respectively and shortfall in the vacancies in respect of direct recruitment of such category was required to be ascertained and the details about the shortfall to be reported to all the Secretariat Departments. Accordingly the 25 departments in the offices under the various departments of the Secretariat were found that there was shortfall and forwarded to the high power committee and the matter was taken up for scrutiny at the meeting held on 12.01.2016 and 15.06.2016. In the direct recruitment categories of A,BC and D there was shortage in Adi Dravida category of 1234 posts and Tribal 614 posts totally 1848 and this shortfall has been indicated in the report to the Government by the high power committee.
4. The report of the high power committee has been examined in detail and decided to accept the same. And thus in the 25 departments in respect of direct recruitment of A,B>C,D post the shortage identified for Adi Dravida numbering 1234 and 614 for Tribals totally 1848 posts should be filled special Recruitment Drive the following guidelines have been issued by the Government.
a) The above shortage in the 1848 posts the concerned departments should adopt the same procedure in respect of recruitment and the departments indicated in the annexure as per the rules followed for filling up posts through Tamil Nadu Public Service Commission Teacher Recruitment Board and Employment Exchange and also publish in the dailies.
b) For Adi Dravida and Tribal candidates the vacancies filled in as per the annexure for 25 departments should be filled in by the respective departments by the direct recruitment within 3 months and suitable action should be taken immediately.
c) In all the departments of the Secretariat and the head offices of the concerned departments Divisional Officers and recruiting officials should take action for filling up the vacancies in respect of the categories and the reservation of (18% for Adi Dravida and 1% Tribals) to be followed in future.
d) The shortfall in the staff position of Adi Dravida and Tribals is enclosed in the annexure. The information regarding the shortfall should be intimated to the Recruiting Agencies Tamil Nadu Public Service Commission Employment Exchange and Teacher Recruitment Board and the suitable candidates should be recruited.

2. After filling up the posts by the selected Adi Dravida and Tribals the report should be submitted to the Adi Dravida and Tribal Welfare Department immediately. //By order of the Governor// P.Annamalai Principal Secretary to Government To All Departments, Secretariat, Chennai-6 Secretary, Tamil Nadu Public Service Commission, Chennai-3 Director, Adi Dravida Welfare, Chennai-5 Director, Tribal Welfare, Chennai-5 Member Secretary Teacher Recruitment Board, Chennai-6 Commissioner Labour and Employment Department, Chennai-3 2 Tamil Nadu Medical Staff Recruitment Board, DMS Complex, Teynampet, Chennai-6 All the District Collectors, All the Head Quarters Officers, Universities Public Department Officers (through Tribal Welfare Inspector) Superintendent Government Press, Chennai-1 (2 copies for issue) Copy:

Stock file/spare / /Issued by order/ / Sd/- Section Officer 23.09.16 ENCLOSURE G.O.(Ms) No.46, ADI(M) & Tribal (M2) Department dated 23.09.2016 The list of Short for in the categories of Adi Dravida and Tribal people in the departments S.No Name of the Department Shortfall in the category of Adi Dravida Shortfall in the Department of Tribals 1 Agricultural Department 138 32 2 Animal Husbandry cattle rearing and Fisheries Department 77 13 3 Commercial and Registration 48 19 4 Environment and Forest 54 3 5 Health and Family Welfare 114 117 6 Highways and minor courts 339 29 7 Labour and Employment Department 70 11 8 School Education 2 125 9 Municipal Administration and Water Supply 100 38 10 Higher Education* 50 15 11 Backward Class Welfare and MBC and Minority Welfare 25 5 12 Co-operation Food Consumer Protection 5 0 13 Fuel Department 8 0 14 Finance 26 8 15 Housing Urban Development 6 2 16 Home Prohibition Department Excise 43 46 17 Assembly Secretariat 1 1 18 Minor and middle level industries departments 6 1 19 Employees and administrative reform department 19 7 20 Public department 7 2 21 Urban development and local administration 37 57 22 Revenue department 35 76 23 Social welfare and noon meal scheme 2 3 24 Tourism culture and religious endowment 16 4 25 Handicapped welfare department 3 0 Total 1234 614 Total 1264 + 614 = 1848 vacancies Sd/- P.Annamalai Princiapl Secretary to Government //True Copy/ / Sd/- 23.09.16 Section Officer"
2. Contending inter alia that, the above vacancies have not been notified to Tamil Nadu Public Service Commission/Teachers Recruitment Board/Medical Recruitment Board, Chennai, instant writ petition has been filed for a mandamus, directing the respondents 1 to 3, to implement G.O.Ms.No.46, dated 23.09.2016, passed by the 2nd respondent to fill up the shortfall vacancies of 1848 before making appointment based on the Notification No.23/2017, dated 14.11.2017 issued by the 3rd respondent, in order to achieve the Constitutional goal.
3. On 07.09.2018, we passed the following order:-
"Mr.T.N.Rajagopalan, learned Government Pleader for Respondents Nos.1 and 2 as well as Mr.M.Loganathan, learned Standing Counsel for TNPSC/3rd respondent, submitted that suitable instructions would be obtained from the respondents.
2. Post on 17.09.2018.
3. In the meanwhile, Mr.T.N.Rajagopalan, learned Government Pleader is directed to furnish all the backlog and carry forward vacancies from all department, to this Court."

4. Subsequently, on 24.9.2018, we passed an another order:-

"Mr.T.N.Rajagopalan, learned Government Pleader representing respondents 1 and 2 seeks time to file a counter affidavit setting out the details of the steps taken by the Government in filling up the backlog vacancies with all Government Orders and Notifications issued.
2. Learned Government Pleader is directed to furnish all notifications after the issuance of G.O.Ms.No.46 dated 23.09.2016 in respect of backlog vacancies.
3. Government is directed to furnish all letters/correspondence, sent to TNPSC for notifying the backlog vacancies.
4. Registry is directed to post the writ petition on 26.09.2018, in the motion list, along with Contempt Petition No.1773 of 2015."

5. On this day, when the matter came up for further hearing, on the basis of the counter affidavit filed by the Deputy Secretary, Tamil Nadu Public Service Commission, Chennai, Mr.M.Loganathan, learned counsel for TNPSC, submitted that, out of 1848, total estimated shortfall SC/ST vacancies (1234 for Scheduled Castes / 614 for Scheduled Tribes), 105 SC/ST vacancies have been notified by the Tamil Nadu Public Service Commission.

6. Though As per the counter affidavit, 88 SC vacancies and 17 ST vacancies, have been notified, the departments and posts are not mentioned in the counter affidavit.

7. Mr.T.N.Rajagopalan, learned Government Pleader, submitted that details of 822 SC/ST vacancies in various departments have already been furnished to the Tamil Nadu Public Service Commission, Chennai.

8. He further submitted that details of the backlog/shortfall SC/ST vacancies in various departments, numbering 921, would be furnished in a couple of days, to the Tamil Nadu Public Service Commission/ Employment Exchange/ Teachers Recruitment Board. Respondent Nos.1 and 2, are directed to furnish the details submitted to the Tamil Nadu Public Service Commission for initiating recruitment process.

9. Though Government have issued G.O.Ms.No.46, Adi Dravidar and Tribal Welfare Department (P.M(2)), dated 23.09.2016, stating that the vacancies identified in 25 departments would be filled up, within 3 months and suitable action would be taken immediately, for the past two years, Government have not even furnished the details to the Tamil Nadu Public Service Commission/Teachers Recruitment Board/Employment Exchanges, for making direct recruitment, to fill up the shortfall vacancies of SC/ST in various departments. G.O. remained only in paper. Now after two years, Government have stated that details of 822 shortfall SC/ST vacancies, in various departments have been furnished to Tamil Nadu Public Service Commission. Government have not furnished the full details to the other recruitment agencies, Teachers Recruitment Board/Employment Exchange.

10. Today, learned Counsel for the Tamil Nadu Public Service Commission, states that with the given particulars, Commission would complete the recruitment process, within 6 months. Special drive by the recruitment agencies, Tamil Nadu Public Service Commission, Teachers Recruitment Board and Employment Exchanges, to be done, as expeditiously as possible.

11. Post on 09.10.2018. "

6. On this day, when the writ petition and contempt petition came up for further hearing, on the basis of the letter dated 05.10.2018, of the Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, Mr.E.Manoharan, learned Additional Government Pleader submitted that, shortfall of SC/ST vacancies in various department as on today, to be notified by TNPSC has been identified, as 840 (SC 672 + ST168 = Total 840).
7. He further submitted that, vide letter dated 05.10.2018, Secretary, Tamil Nadu Public Service Commission, has been furnished with the details of the shortfall vacancies.
8. Learned Additional Government Pleader further submitted that, posts under the Directorate of Medical Education, have to be filled up by the Medical Services Recruitment Board (MRB), Chennai. 116 shortfall vacancies, have been identified (SC-38 + ST-78= 116). Shortfall vacancies, have been furnished to the Medical Services Recruitment Board, Chennai.
9. Learned Additional Government Pleader further submitted that, along with letter dated 05.10.2018, the Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, has furnished a list of 158 shortfall vacancies in SC/ST, to be filled up by the Teachers Recruitment Board, Chennai.
10. Learned Additional Government Pleader further submitted that, along with the letter dated 05.10.2018, Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, has furnished shortfall vacancies in SC/ST numbering 734 (SC-502+ST-232), to be filled up, by the Directorate of Employment and Training, Chennai.
11. Accordingly, the Additional Chief Secretary to Government, Adi Dravidar and Tribal Welfare Department, Chennai, has furnished a list of 734 shortfall vacancies to the Commissioner, Directorate of Employment and Training, Chennai and the said vacancies have to be filled up through Employment Exchange.
12. Though on 03.10.2018, Mr.T.N.Rajagopalan, learned Government Pleader submitted that the backlog/shortfall SC/ST vacancies in various departments, numbering 921, would be furnished in a couple of days to TNPSC/MRB/TRB, today on the basis of the details, namely shortfall vacancies of SC/ST, in various Departments, to be recruited by the TNPSC/MRB/TRB, learned Additional Government Pleader submitted that, in addition to above 822 vacancies already furnished to the TNPSC, as on today, 1114 vacancies have to be notified by the recruiting agencies, TNPSC/MRB/TRB.
13. Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, has sent a letter in D.O.Letter No.15588/TD-2/2016-10, dated 25.09.2018, to the Secretary,Tamil Nadu Public Service Commission, Chennai, and the same is extracted hereunder:-
OTEM DAI, I.A.S., Adi Dravidar and Tribal Welfare Additional Chief Secretary to Department, Secretariat, Government Chennai 600 009.
Phone (O): 044-25671848 Fax : 044- 25672446 D.O.Letter No.15588/TD-2/2016-10, Dated: 25.09.2018 Dear Thiru.Nanthakumar, Sub: Adi Dravidar and Tribal Welfare Department  in Government Departments SC & ST short fall vacancies  orders issued Reg.
Ref: 1. G.O.(D) No.46, AD & TW Dept dated 23.9.2016.
2. Govt Lr. No.15588/TD-2/16-1 dated 23.12.16, 1.2.17, 13.6.17, 7.12.17, 2.2.18, 13.7.18 and 31.7.18.
3. TNPSC Lr.No.376/RND-E1/18 dated 13.7.18.
4. Govt D.O.Lr.No.17496/TD-2/16-1 dated 28.11.16.
5. Govt Lr.No.15797/TD2/17-1 dated 4.10.17
6. W.P.No.2937/18 Tr.S.Karuppiah filed WP in the High Court of Madras.

-----

I am to invite your attention to the reference third cited wherein you have requested to furnished the particulars regarding the name of the posts and no. of shortfall vacancies in Scheduled Castes / Scheduled Tribes.

2. The details requested by you regarding the name of the posts and number of Shortfall vacancies in SC/ST of the respective posts (Total 822) are furnished herewith as requested by you. Further you have mentioned 216 shortfall vacancies which have been received for the posts included in Group-IV services from various departments till date and it has also been mentioned that the said vacancies have not been authenticated by the Government at Adi Dravidar and Tribal Welfare Department.

3. As the list of Shortfall vacancies (Scheduled Castes / Scheduled Tribes) has been furnished to you it is requested that the validation may kindly be done at your end, in consultation with the concerned requisitioning department as already envisaged in the G.O. cited at 1st above.

ABSTRACT S.NO Name of the Dept SC ST

1. Agriculture Department 22 11

2. Animal Husbandry, Dairying and Fisheries Department 60 4

3. Commercial Taxes and Registration Department 43 6

4. Environment and Forest Department 47 2

5. Health and Family Welfare Department 58 13

6. Highways and Minor Ports Department 150 16

7. Labour and Employment Department 49 7

8. School Education Department 2 2

9. Municipal Administration and Water Supply Department 0 5

10. Higher Education Department 46 5

11. Co-operation, Food and Consumer Protection Department 5 0

12. Finance Department 2 4

13. Home Department 43 46

14. Micro, Small and Medium Enterprises Department 6 1

15. Personnel and Administrative Department 19 4

16. Public Department 6 1

17. Rural Development and Panchayat Raj Department 37 18

18. Revenue Department 35 30

19. Social Welfare and Nutritious Meal Programme Department 1 0

20. Tourism, Culture and Religious Endowments Department 10 3

21. Welfare of Differently Abled persons Department 3 0 Total 644 178 Total VACANCIES OF SC/ST 822 G.O.(D) No.46, Adi Dravidar and Tribal Welfare (TD.2) Department dated 23.09.2016 SECRETARIAT DEPARTMENT : AGRICULTURE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Agricultural Agricultural Officer 0 2 Assistant Agricultural Officer 0 4 Depot Manager Gr.III 0 1

2. Horticulture Jr.Assistant 1 1 Steno-Typist Gr.III 1 0

3. Agri. Engineering Steno-Typist Gr.III 4 0 Jr. Assistant 9 2 Jr.Asst. Security 1 0 Typist 6 1 Total 22 11 SECRETARIAT DEPARTMENT : ANIMAL HUSBANDRY DAIRY AND FISHERIES DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Assistant 17 1 JA 10 1 Typist 21 2 Steno Typist 2 0

2. Milk Production and Dairy Development Typist 1 0

3. Fisheries Department Inspector of Fisheries 3 0 Sub-Inspector of Fisheries 6 0 Total 60 4 SECRETARIAT DEPARTMENT : COMMERCIAL TAXES AND REGISTRATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Commissioner of Commercial Taxes Typist 6 0 Steno-Typist

-

1

Junior Assistant 22

-

Assistant 11 1 DCTO 2

-

2. Inspector General of Registration District Registrar 1 0 Sub Registrar Grade - II 1 0 Assistant 0 3 Junior Assistant 0 1 Total 43 6 SECRETARIAT DEPARTMENT : ENVIRONMENT AND FOREST DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Principal Chief Conservator of Forests Assistant 25 2 Forest range Officer 10 0 Junior Assistant 9 0 Steno Typist Gr-III 1 0 Typist 2 0 Total 47 2 SECRETARIAT DEPARTMENT : HEALTH AND FAMILY WELFARE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Drugs control admin Jr.Analyst 1 0 Jr.Asst.

2 0

2. Dept.F.W. Steno typist 2 0 Block Health Statistician 6 2

3. Directorate of Medical Edu. Speech Therapist 1 0 Typist 0 1 Steno-Typist Gr III 1 2 Junior Asst 0 2 Asst 34 7 Steno typist Grade II 3 0

4. Directorate Of Medical and Rural Health Service Junior Asst 0 1 Typist 6 0 Computer Operator 2 0 Total 58 13 SECRETARIAT DEPARTMENT : HIGHWAYS AND MINOR PORTS DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Director General of High ways Assistant Engineer 22 6 Audit Assistant 8 1 Assistant 69 5 JA 29 3 Typist 8 0 Steno Typist Grade-III 2 0 Driver 12 1 Total 150 16 SECRETARIAT DEPARTMENT : LABOUR AND EMPLOYMENT DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Comm.Labour Asst 14 2 OA 0 2

2. Dr.IS & H Jr Asst 0 1 Typist 2 0

3. DR.E & T Jr Asst 0 1 Jr Asst 23 0 Typist 9 1 Steno Typist 1 0 Total 49 7 SECRETARIAT DEPARTMENT : SCHOOL EDUCATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of SE Non Teaching Steno Typist Gr.III 2 0 Typist 0 2 Total 2 2 SECRETARIAT DEPARTMENT : MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Town Panchyat Jr Asst/Bill Collector 0 5 Total 0 5 SECRETARIAT DEPARTMENT : HIGHER EDUCATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Technical Education Non-Teaching 46 5 Total 46 5 SECRETARIAT DEPARTMENT : CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Com. CF & CP Jr.Asst 2 0 Typist 1 0

2. RCS Typist 2 0 Total 5 0 SECRETARIAT DEPARTMENT : FINANCE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dir. Treasuries & Accounts Steno typist 2 0

2. Dir. Local fund Asst inspector 0 1 JA 0 1

3. Dir. Cooperative of Audit Jr.Cooperative Auditor 0 2 Total 2 4 SECRETARIAT DEPARTMENT : HOME PROHIBITION AND EXCISE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Prosecution Assistant Public Prosecutor Grade II 0 1

2. TN Police Housing Corporation Ltd Asst Eng.

0 1

3. Director General of Police Asst 15 3 JA 2 0 Typist 2 1

4. Directorate of Prosecution Steno Typist Grade 3 / JA/ Typist/ Driver 1 0

5. Department of Govt. Litigations Steno Typist Grade III 1 0

6. Transport JA 0 1 Steno Typist 2 0

7. Directorate of Prosecution OA/watchman cum sweeper 0 1

8. Department of Govt. Litigations, Hon'ble High Court of Madras OA 0 1

9. Dist. Judge Steno typist 0 6 Typist 0 10 Jr.Asst 0 8 Computer Operator 5 1 Examiner 0 1 Jr Bailiff 0 1 Sinor Bailiff 0 2 Watchman 0 1 Driver 0 1 Record Clerk 0 1 OA 0 1 Masalchi 0 1 Sweeper 0 1 PA to the Hon'ble Judge 15 1 W & W 0 1 Total 43 46 SECRETARIAT DEPARTMENT : MICRO, SMALL AND MEDIUM ENTERPRISES DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Industries and Commerce Assistant 2 0 Steno Typist Grade - III 4 1 Total 6 1 SECRETARIAT DEPARTMENT : PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. (One Unit Fin./Law) Assistant 4 2 Typist

-

2

Personal Clerk 6

-

2. TNPSC Assistant 3

-

Typist 3

-

Personal Clerk 2

-

3. Anna Institute of Management Steno Typist 1

-

Total 19 4 SECRETARIAT DEPARTMENT : PUBLIC DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dr. of Ex.Welfare Welfare Officer 2 0 Jr Asst 1 1

2. Dr. of Rehabilitation Steno Typist 1 0 Jr Asst 1 0 Typist 1 0 Total 6 1 SECRETARIAT DEPARTMENT : RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dir. RD & PR Asst.Dir 2 0 Asst. Eng 24 5 Asst 7 10 Junior Assistant 0 0 Steno Typist 1 0 Typist 3 3 Total 37 18 SECRETARIAT DEPARTMENT : REVENUE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Revenue Assistant 30 0 JA 0 4 Steno Typist 1 0 VAO 0 20

2. Land Reforms Steno Typist 1 0

3. Survey Land Record Field Survey 0 2 Drafts man 0 3 JA 0 1 Steno Typist 2 0

4. Urban Land Ceiling JA 1 0 Total 35 30 SECRETARIAT DEPARTMENT : SOCIAL WELFARE AND NUTRITIOUS MEAL PROGRAMME DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Director of Social Defence Superindent of Government Vigilance 1 0 Total 1 0 SECRETARIAT DEPARTMENT : TOURISM AND CULTURE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Commissioner of Museum Curator 4 0

2. Commissioner of Archeology JA 1 0

3. HR & CE Audit Inspector 0 1 Asst 3 1 Typist 2 1 Total 10 3 SECRETARIAT DEPARTMENT : WELFARE OF DIFFERENTLY ABLED PERSONS DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST Commissionrate for Differently abled Typist 2 0 Steno Typist 1 0 Total 3 0

14. Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, has sent a letter in D.O.Letter No.15588/TD-2/2016-11, dated 05.10.2018, to the Secretary,Tamil Nadu Public Service Commission, Chennai, and the same is reproduced:-

OTEM DAI, I.A.S., Adi Dravidar and Tribal Welfare Additional Chief Secretary to Department, Secretariat, Government Chennai 600 009.
Phone (O): 044-25671848 Fax : 044- 25672446 D.O.Letter No.15588/TD-2/2016-11, Dated: 05.10.2018 Dear Thiru.Nanthakumar, Sub: Adi Dravidar and Tribal Welfare Department  in Government Departments SC & ST short fall vacancies  orders issued W.P.No.2937 of 2018 filed by Thiru.S.Karuppiah before the Hon'ble High Court of Madras - Regarding.
Ref: 1. G.O.(D) No.46, Adi Dravidar and Tribal Welfare Department, dated 23.9.2016.
2. Government Letter No.15588/TD-2/16-1, dated 23.12.16, 1.2.17, 13.6.17, 7.12.17, 2.2.18, 13.7.18 and 31.7.18.
3. The Secretary, Tamil Nadu Public Service Commission Letter No.376/RND-E1/2018, dated 13.07.2018.
4. Government D.O.Letter No.17496/TD-2/16-1, dated 28.11.16.
5. Government Letter No.15797/TD2/17-1, dated 4.10.17.
6. Order of Hon'ble High Court of Madras in W.P.No.2937 of 2018 and W.M.P.No.3599 of 2018, dated 07.09.2018.
7. Government D.O Letter No.15588/TD.2/2016-10, dated 25.09.2018.

-----

I am to invite your attention to the references cited, wherein you have requested to furnish the particulars regarding the name of the posts and no. of shortfall vacancies in Scheduled Castes / Scheduled Tribes.

2. In this regard the name of the posts and revised number of Shortfall vacancies in SC/ST of the respective posts (SC 672+ST 168 = Total 840) are furnished herewith as requested by you and ordered by Hon'ble High Court of Madras. Further you have mentioned 216 shortfall vacancies which have been received for the posts included in Group-IV Services from various departments till date and it has also been mentioned that the said vacancies have not been authenticated by the Government at Adi Dravidar and Tribal Welfare Department.

3. As the list of Shortfall vacancies (Scheduled Castes / Scheduled Tribes) has been furnished to you it is requested that the validation may kindly be done at your end, in consultation with the concerned requisitioning department as already envisaged in the G.O.cited at 1st above. List of Tamil Nadu Public Service Commission Shortfall Vacancies ABSTRACT S.NO Name of the Dept SC ST

1. Agriculture Department 72 16

2. Animal Husbandry, Dairying and Fisheries Department 60 4

3. Commercial Taxes and Registration Department 44 6

4. Environment and Forest Department 47 2

5. Health and Family Welfare Department 58 15

6. Highways and Minor Ports Department 138 15

7. Labour and Employment Department 49 6

8. School Education Department 2 2

9. Municipal Administration and Water Supply Department 0 5

10. Higher Education Department 17 0

11. Co-operation, Food and Consumer Protection Department 5 0

12. Finance Department 26 8

13. Home Department 38 32

14. Micro, Small and Medium Enterprises Department 6 1

15. Personnel and Administrative Department 19 4

16. Public Department 4 1

17. Rural Development and Panchayat Raj Department 37 18

18. Revenue Department 35 30

19. Social Welfare and Nutritious Meal Programme Department 1 0

20. Tourism, Culture and Religious Endowments Department 10 3

21. Legislative Assembly 1 0

22. Welfare of Differently Abled persons Department 3 0 Total 672 168 Total VACANCIES OF SC/ST 840 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : AGRICULTURE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Agricultural Agricultural Officer 0 2 Assistant Agricultural Officer 0 4 Dept Manager Gr.III 0 1

2. Horticulture Asst.Horticulture Officer 50 5 Jr. Assistant 1 1 Steno-Typist Gr.III 1 0

3. Agri. Engineering Steno-Typist Gr.III 4 0 Jr. Assistant 9 2 Jr.Asst. Security 1 0 Typist 6 1 Total 72 16 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : ANIMAL HUSBANDRY DAIRY AND FISHERIES DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Assistant 17 1 JA 10 1 Typist 21 2 Steno Typist 2 0

2. Milk Production and Dairy Development Typist 1 0

3. Fisheries Department Inspector of Fisheries 3 0 Sub-Inspector of Fisheries 6 0 Total 60 4 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : COMMERCIAL TAXES AND REGISTRATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Commercial Taxes & Registration (OP) Dept., Secretariat Assistant 1 0

2. Commissioner of Commercial Taxes Typist 6 0 Steno-Typist 0 1 Junior Assistant 22 0 Assistant 11 1 DCTO 2 0

3. inspector General of Registration District Registrar 1 0 Sub Registrar Grade - II 1 0 Assistant 0 3 Junior Assistant 0 1 Total 44 6 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : ENVIRONMENT AND FOREST DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Principal Chief Conservator of Forests Assistant 25 2 Forest range Officer 10 0 Junior Assistant 9 0 Steno Typist Gr-III 1 0 Typist 2 0 Total 47 2 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : HEALTH AND FAMILY WELFARE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Drugs control admin Jr.Analyst 1 0 Jr.Asst.

2 0

2. Dept.F.W. Steno typist 2 0 Block Health Statistician 6 2

3. Directorate of Medical Edu. Speech Therapist 1 0 Typist 0 1 Steno-Typist Gr III 1 2 Junior Asst 0 2

4. Directorate Of Medical and Rural Health Service Asst 34 7 Steno typist Grade II 3 0 Junior Asst 0 1 Typist 6 0 Computer operator 2 0 Total 58 15 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : HIGHWAYS AND MINOR PORTS DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Director General of High ways Assistant Engineer 22 6 Audit Assistant 8 1 Assistant 69 5 JA 29 3 Typist 8 0 Steno Typist Grade-III 2 0 Total 138 15 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : LABOUR AND EMPLOYMENT DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Comm.Labour Asst 14 2

2. Dr.IS & H Asst 0 1 Jr Asst 0 1 Typist 2 0

3. DR.E & T Jr Asst 0 1 Jr Asst 23 0 Typist 9 1 Steno Typist 1 0 Total 49 6 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : SCHOOL EDUCATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of SE Non Teaching Steno Typist Gr.III 2 0 Typist 0 2 Total 2 2 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Town Panchyat Jr Asst/Bill Collector 0 5 Total 0 5 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : HIGHER EDUCATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of College Education Typist (Non-Teaching) 2 0

2. Directorate of Technical Education Typist (Non-Teaching) 8 0 JA (Non-Teaching) 4 0 Steno (Non-Teaching) 3 0 Total 17 0 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Com. CF & CP Jr.Asst 2 0 Typist 1 0

2. RCS Typist 2 0 Total 5 0 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : FINANCE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dir. Treasuries & Accounts Accounts Officer 4 0 Accountant 20 4 Steno typist 2 0

2. Dir. Local fund Asst inspector 0 1 JA 0 1

3. Dir. Cooperative of Audit Jr.Cooperative 0 2 Total 26 8 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : HOME PROHIBITION AND EXCISE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Prosecution Assistant Public Prosecutor Grade II 0 1

2. TN Police Housing Corporation Ltd Asst Eng.

0 1

3. Director General of Police Asst 15 3 JA 2 0 Typist 2 1

4. Directorate of Prosecution Steno Typist Grade 3 / JA/ Typist/ Driver 1 0

5. Department of Govt. Litigations Steno Typist Grade III 1 0

6. Transport JA 0 1 Steno Typist 2 0

7. Dist. Judge Steno Typist 0 6 Typist 0 10 Jr.Asst 0 8 PA to the Hon'ble Judge 15 1 Total 38 32 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : MICRO, SMALL AND MEDIUM ENTERPRISES DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Industries and Commerce Assistant 2 0 Steno Typist Grade - III 4 1 Total 6 1 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. (One Unit Fin./Law) Assistant 4 2 Typist 0 2 Personal Clerk 6

-

2. TNPSC Assistant 3

-

Typist 3

-

Personal Clerk 2

-

3. Anna Institute of Management Steno Typist 1

-

Total 19 4 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : PUBLIC DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dr. of Ex.Welfare Jr.Asst 1 1

2. Dr. of Rehabilitation Steno Typist 1 0 Jr Asst 1 0 Typist 1 0 Total 4 1 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dir. RD & PR Asst.Dir 2 0 Asst. Eng 24 5 Asst 7 10 Junior Assistant 0 0 Steno Typist 1 0 Typist 3 3 Total 37 18 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : REVENUE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Revenue Assistant 30 0 JA 0 4 Steno Typist 1 0 VAO 0 20

2. Land Reforms Steno Typist 1 0

3. Survey Land Record Field Survey 0 2 Drafts man 0 3 JA 0 1 Steno Typist 2 0

4. Urban Land Ceiling JA 1 0 Total 35 30 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : SOCIAL WELFARE AND NUTRITIOUS MEAL PROGRAMME DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Director of Social Defence Superindent of Government Vigilance 1 0 Total 1 0 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : TOURISM AND CULTURE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Commissioner of Museum Curator 4 0

2. Commissioner of Archeology JA 1 0

3. HR & CE Audit Inspector 0 1 Asst 3 1 Typist 2 1 Total 10 3 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : LEGISLATIVE ASSEMBLY S.NO Head of the Departments Name of the vacant post SC ST

1. Legislative Assembly Secretariat Lower Division (Counter) Clerk 1 0 Total 1 0 List of Tamil Nadu Public Service Commission Shortfall Vacancies SECRETARIAT DEPARTMENT : WELFARE OF DIFFERENTLY ABLED PERSONS DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST Commissionrate for Differently Abled Typist 2 0 Steno Typist 1 0 Total 3 0

15. Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, has sent a letter in D.O.Letter No.15588/TD-2/2016-12, dated 05.10.2018, to the Chairman, Teachers Recruitment Board, Chennai, and the same reads thus:-

OTEM DAI, I.A.S., Adi Dravidar and Tribal Welfare Additional Chief Secretary to Department, Secretariat, Government Chennai 600 009.
Phone (O): 044-25671848 Fax : 044- 25672446 D.O.Letter No.15588/TD-2/2016-12, Dated: 05.10.2018 Dear Dr.Jaganathan, Sub: Adi Dravidar and Tribal Welfare Department  in Government Departments SC & ST short fall vacancies  orders issued W.P.No.2937 of 2018 filed by Thiru.S.Karuppiah before the Hon'ble High Court of Madras - Regarding.
Ref: 1. G.O.(D) No.46, Adi Dravidar and Tribal Welfare Department, dated 23.9.2016.
2. Government Letter No.15588/TD-2/16-1, dated 23.12.16, 1.2.17, 13.6.17, 7.12.17, 2.2.18, 13.7.18 and 31.7.18.
3. Government D.O. Letter No.17496/TD-2/16-1 dated 28.11.16.
4. Government Letter No.15797/TD2/17-1 dated 4.10.17
5. Order of Hon'ble High Court of Madras in W.P.No.2937 of 2018 and W.M.P.No.3599 of 2018, dated 07.09.2018.
6. Government D.O. Letter No.15588/TD.2/2016-10, dated 25.09.2018.

-----

I am to invite your attention to the references cited, wherein you have requested to furnish the particulars regarding the name of the posts and no. of shortfall vacancies in Scheduled Castes / Scheduled Tribes.

2. In this regard, the name of the posts and number of Shortfall vacancies in SC/ST of the respective posts (SC 22+ST 136 = Total 158) are furnished herewith as ordered by Hon'ble High Court of Madras. As the list of Shortfall vacancies (Scheduled Castes / Scheduled Tribes) has been furnished to you it is requested that the validation may kindly be done at your end, in consultation with the concerned requisitioning department as already envisaged in the G.O. cited at 1st above.

List of Teachers Recruitment Board Shortfall Vacancies ANNEXURE S.NO Name of the Dept SC ST

1. School Education Department 0 122

2. Higher Education Department 0 10

3. BC, MBC & Minorities Welfare Department 22 4 Total 22 136 Total VACANCIES OF SC/ST 158 List of Teachers Recruitment Board Shortfall Vacancies SECRETARIAT DEPARTMENT : SCHOOL EDUCATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of SE BT. Asst 0 96 Spl. Teachers 0 17

2. Directorate of Elementary Education S.G.Teachers 0 12 Total 0 122 List of Teachers Recruitment Board Shortfall Vacancies SECRETARIAT DEPARTMENT : HIGHER EDUCATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of College Education Asst. Professor 0 4 Non Teaching 0 3

2. Directorate of Technical Education Teaching 0 3 Total 0 10 List of Teachers Recruitment Board Shortfall Vacancies SECRETARIAT DEPARTMENT : BACKWARD CLASSES, MOST BACKWARD CLASSES & MINORITIES WELFARE DEPARTMENT 1 S.NO Head of the Departments Name of the vacant post SC ST

1. Kallar Reclamation Est. in Madurai, Theni & Dindigal P.G.Asst.

3 0

B.T. Asst.

17 3

Tamil Pandit 2 1 Total 22 4

16. Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, has sent a letter in D.O.Letter No.15588/TD-2/2016-13, dated 05.10.2018, to the Commissioner, Directorate of Employment and Training, Chennai, and the same is extracted hereunder:-

OTEM DAI, I.A.S., Adi Dravidar and Tribal Welfare Additional Chief Secretary to Department, Secretariat, Government Chennai 600 009.
Phone (O): 044-25671848 Fax : 044- 25672446 D.O.Letter No.15588/TD-2/2016-13, Dated: 05.10.2018 Dear Tmt.Jothi Nirmalasamy, Sub: Adi Dravidar and Tribal Welfare Department - in Government Departments SC & ST Shortfall vacancies - orders issued - W.P.No.2937 of 2018 filed by Thiru.S.Karuppiah before the Hon'ble High Court of Madras - Regarding.
Ref: 1. G.O.(D) No.46, Adi Dravidar and Tribal Welfare Department, dated 23.09.2016.
2. Government Letter No.15588/TD-2/16-1, dated 23.12.16, 1.2.17, 13.6.17, 7.12.17, 2.2.18, 13.7.18 and 31.7.18.
3. Government D.O.Letter No.17496/TD-2/16-1 dated 28.11.16.
4. Government Letter No.15797/TD2/17-1 dated 4.10.17
5. Order of Hon'ble High Court of Madras in W.P.No.2937 of 2018 and W.M.P.No.3599 of 2018, dated 07.09.2018.
6. Government D.O Letter No.15588/TD.2/2016-10, dated 25.09.2018.

-----

I am to invite your attention to the references cited, wherein you have requested to furnish the particulars regarding the name of the posts and no. of shortfall vacancies in Scheduled Castes / Scheduled Tribes.

2. In this regard, the name of the posts and number of Shortfall vacancies in SC/ST of the respective posts (SC 502+ ST 232 = Total 734) are furnished herewith as ordered by Hon'ble High Court of Madras. As the list of Shortfall vacancies (Scheduled Castes / Scheduled Tribes) has been furnished to you it is requested that the validation may kindly be done at your end, in consultation with the concerned requisitioning department as already envisaged in the G.O. cited at 1st above.

List of Employment Exchange Shortfall Vacancies ANNEXURE S.NO Name of the Dept SC ST

1. Agriculture Department 66 16

2. Animal Husbandry, Dairying and Fisheries Department 17 9

3. Backward Classes, Most Backward Classes & Minorities Welfare Department 3 1

4. Commercial Taxes and Registration Department 4 13

5. Energy Department 8 0

6. Environment and Forest Department 10 1

7. Home, Prohibition & Excise Department 5 14

8. Higher Education Department 33 5

9. Health and Family Welfare Department 18 24

10. Highways and Minor Ports Department 201 14

11. Labour and Employment Department 21 5

12. School Education Department 0 1

13. Municipal Administration and Water Supply Department 100 33

14. Housing & Urban Development 6 2

15. Personnel and Administrative Department 0 3

16. Public Department 3 1

17. Rural Development and Panchayat Raj Department 0 39

18. Revenue Department 0 46

19. Social Welfare and Nutritious Meal Programme Department 1 3

20. Tourism & Culture Department 6 1

21. Legislative Assembly 0 1 Total 502 232 Total VACANCIES OF SC/ST 734 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : AGRICULTURE DEPARTMENT S.NO.

Head of the Departments Name of the vacant post SC ST

1. Directorate of Agricultural Office Assistant 0 1 Watchman 0 3 Driver 0 1

2. Agri. Engineering ASCO 0 1 Jr.Tractor Driver 10 2 Fitter 7 0 Welder 2 0 Asst. Driller 3 0 Rock Driller Operator 9 1 I.H.B. Grd.III 10 2 Electrician 1 0 Hammer Man 3 0 Field Asst.

3 0

Store Attender 1 0 Watch Man 13 2 Office Asst.

4 2

Cleaner 0 1 Total 66 16 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : ANIMAL HUSBANDRY DAIRY AND FISHERIES DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Animal husbandry and Veterinary Services Plant Operator 1 0 Live Stock Inspector GR-II 1 4 OA 0 1 Cleaner 1 0

2. Fisheries Department Fisheries oversear 0 1 Fisherman (Re-designated as Fishery Assistant) 14 1 OA 0 1 Driver 0 1 Total 17 9 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : BACKWARD CLASSES, MOST BACKWARD CLASSES & MINORITIES WELFARE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Kallar Reclamation Est. in Madurai, Theni & Dindigal Cook 0 1 Sweeper (Hostel) 3 0 Total 3 1 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : COMMERCIAL TAXES AND REGISTRATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Commissioner of Commercial Taxes Office Assistant 0 6 Driver 0 2

2. Inspector General of Registration Driver 2 0 Office Assistant 0 4 Watchman 0 1 Full Time Masalji 2 0 Total 4 13 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : ENERGY DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Chief Electrical Inspector Asst Electrical Inspector 3 0 JA 1 0 Driver 2 0 Night Watchman 2 0 Total 8 0 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : ENVIRONMENT AND FOREST DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Principal Chief conservator of Forest Biologist 1 0 Driver 0 1 OA 7 0 Sandal Wood clerk 1 0 Wireless operator 1 0 Total 10 1 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : HOME PROHIBITION AND EXCISE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Director of Prosecution OA/Watchman cum Sweeper 0 1

2. Dept. of Government Litigations, Hon'ble High Court of Madras OA 0 1

3. District Judge Computer Operator 5 1 Examiner 0 1 Jr.Bailiff 0 1 Senior Bailiff 0 2 Watchman 0 1 Driver 0 1 Record Clerk 0 1 OA 0 1 Masalchi 0 1 Sweeper 0 1 W & W 0 1 Total 5 14 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : HIGHER EDUCATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of College Education Programmer (Non-Teaching) 2 0

2. Directorate of Technical Education Non-Teaching-Technical 31 5 Total 33 5 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : HEALTH AND FAMILY WELFARE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dept. of F.W Driver 0 3

2. Directorate of Medical Edu. Auxilary Nurse Midwife 3 0 Cook 0 3 Maternity Assistant 5 0 Barber 1 0 Calf Watchman 2 0 Hospital Worker 0 7 Lab Peon 2 0 Lascar 0 2 Office Assistant 0 2 Sanitary worker 0 5 Watchman 0 1 Store Attendant 1 0 Tuvittor in pharmacy 2 0 Record Clerk 2 0 Lab Attendant Grade II 0 1 Total 18 24 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : HIGHWAYS AND MINOR PORTS DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Director General of High Ways Junior Drafting Officer 60 3 Assistant Draftsman 3 0 RC 33 2 OA 66 6 Blue Print Operator 1 0 Survey Assistant 3 0 Watchman 23 2 Driver 12 1 Total 201 14 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : LABOUR AND EMPLOYMENT DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Commissioner of Labour OA 0 2

2. Dr. IS & H OA 0 1

3. DR. E & T JR. Training Officer 21 1 OA 0 1 Total 21 5 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : SCHOOL EDUCATION DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of SE Non Teaching Watchman 0 1 Total 0 1 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Municiple Admn Town Planning Officer Gr II 1 0 Sanitory Inspector 38 1 Asst Programmer 0 1 Community Organiser 0 3

2. Corporation of Chennai Medical Officer (DFWB) 0 1 Medical Officer (Health) 0 1 Asst Eng (Civil) 4 0 Asst 0 2 Pharmacist 4 0 Staff Nurse 2 1 Urban Health Nurse 0 6 Sanitary Inspector 16 2 Pharmacist (Alopathy) 5 1 Lab Technician 0 1 Road Thozhilali 1 1 Female ward Attended 3 0

3. Town Panchyat Electrician grade-I 2 0 Wireman 1 0 Driver 1 0 Pump Mechanic 5 0 Electrician grade-II 9 1 Fitter/Headworks/Fitter Grade II/ Pipeline grade-II 0 1 Streetlight Electrician grade-II 4 0 Tap inspector 1 0 Sanitary Inspector 0 1 RC 1 1 OHT 0 4 Tank Cleaner / Foundation Cleaner 1 0

4. Bore well Mechanic 1 0 OA 0 1 Watch man/ Market watch man night/ Park/ bus/ Shandy 0 3 Total 100 33 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : HOUSING & URBAN DEVELOPMENT DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. CMDA Asst Eng./Junior Eng 1 0 D'man Group-I 1 0

2. TNSCB Jr.Eng 3 0 Jr.Asst 0 1 Bill Collector 0 1 Watchman 1 0 Total 6 2 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Secretariat (One Unit Fin./Law) Office Assistant 0 3 Total 0 3 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : PUBLIC DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dr. of Ex.Welfare Welfare Organizer 2 0 OA 0 1 Watchman-cum-sweeper 1 0 Total 3 1 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Dr. of RD & PR Overseer 0 16 Road Inspector 0 6 Driver 0 10 OA 0 6 Night Watchman 0 1 Total 0 39 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : REVENUE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Revenue RC 0 3 Driver 0 5 OA 0 18 Village Assistant 0 14

2. Survey Land Record Field Assistant 0 6 Total 0 46 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : SOCIAL WELFARE AND NUTRITIOUS MEAL PROGRAMME DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Commr. of. Social Welfare OA 0 3

2. Director of Social Defence OA 1 0 Total 1 3 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : TOURISM AND CULTURE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Commissioner of Art & Culture Lecture Music College 5 0 Music Teacher 0 1

2. Commissioner of Archoelogy Jr. Engineer 1 0 Total 6 1 List of Employment Exchange Shortfall Vacancies SECRETARIAT DEPARTMENT : LEGISLATIVE ASSEMBLY S.NO Head of the Departments Name of the vacant post SC ST

1. Legislative Assembly Secretariat OA 0 1 Total 0 1

17. Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, has sent a letter in D.O.Letter No.15588/TD-2/2016-14, dated 05.10.2018, to the Chairman, Medical Services Recruitment Board (MRB), Chennai, and the same reads thus:-

OTEM DAI, I.A.S., Adi Dravidar and Tribal Welfare Additional Chief Secretary to Department, Secretariat, Government Chennai 600 009.
Phone (O): 044-25671848 Fax : 044- 25672446 D.O.Letter No.15588/TD-2/2016-14, Dated: 05.10.2018 Dear Thiru.Rajaraman, Sub: Adi Dravidar and Tribal Welfare Department  in Government Departments SC & ST shortfall vacancies  orders issued W.P.No.2937 of 2018 filed by Thiru.S.Karuppiah before the Hon'ble High Court of Madras - Regarding.
Ref: 1. G.O.(D) No.46, Adi Dravidar and Tribal Welfare Department, dated 23.9.2016.
2. Government Letter No.15588/TD-2/16-1, dated 23.12.16, 1.2.17, 13.6.17, 7.12.17, 2.2.18, 13.7.18 and 31.7.18.
3. Government D.O. Letter No.17496/TD-2/16-1 dated 28.11.16.
4. Government Letter No.15797/TD2/17-1 dated 4.10.17
5. Order of Hon'ble High Court of Madras in W.P.No.2937 of 2018 and W.M.P.No.3599 of 2018, dated 07.09.2018.
6. Government D.O. Letter No.15588/TD.2/2016-10, dated 25.09.2018.

-----

I am to invite your attention to the references cited, wherein you have requested to furnish the particulars regarding the name of the posts and no. of shortfall vacancies in Scheduled Castes / Scheduled Tribes.

2. In this regard, the name of the posts and number of Shortfall vacancies in SC/ST of the respective posts (SC 38 + ST 78 = Total 116) are furnished herewith as ordered by Hon'ble High Court of Madras. As the list of Shortfall vacancies (Scheduled Castes/ Scheduled Tribes) has been furnished to you it is requested that the validation may kindly be done at your end, in consultation with the concerned requisitioning department as already envisaged in the G.O. cited at 1st above.

List of Medical Recruitment Board Shortfall Vacancies ANNEXURE S.NO Name of the Dept SC ST

1. Health and Family Welfare Department 38 78 Total 38 78 Total VACANCIES OF SC/ST 116 List of Medical Recruitment Board Shortfall Vacancies SECRETARIAT DEPARTMENT : HEALTH AND FAMILY WELFARE DEPARTMENT S.NO Head of the Departments Name of the vacant post SC ST

1. Directorate of Medical Edu. Tutor/Asst.Prof/Asst Surgeon 0 21 Veterinary Asst. Surgeon 1 0 Audio metrician 2 0 Carpenter / Copilor 1 0 Pharmacist 27 1 Computer Operator 1 0 Nurses 0 43 Contract Nurse 1 0 Dental Hygienist 1 0 ECG Technician 0 1 Lab Technician Grade-II 0 4 Lift Attendant 0 1 Plumber Grade - II 2 0 Physiotherapist Grade-II 0 1 Prosthetic Craftsman 1 0 Nursing Assistant Grade II 0 2 II nd Class Male Attendant 0 1 Radio Grapher 0 2 Telephone Operator 1 1 Total 38 78

18. Thus, as on today, the total number of shortfall vacancies in various departments, to be notified by the three recruiting agencies, TNPSC/MRB/TRB, are 1936. The total number of shortfall vacancies to be notified through the Employment Exchanges, under the Directorate of Employment and Training are 734.

19. Mr.M.Loganathan, learned counsel for Tamil Nadu Public Service Commission, Chennai, submitted that out of 1848 (SC 1234 + SC 614) shortfall vacancies to be filled up through Special Recruitment Drive, 105 vacancies have already been notified by the Tamil Nadu Public Service Commission, Chennai. Balance shortfall vacancies in SC/ST, to be notified by the recruiting agencies, such as TNPSC, MRB, TRB, and to be filled up through Special Recruitment Drive, is 1936.

20. In the additional counter affidavit, Deputy Secretary, Tamil Nadu Public Service Commission, Chennai, has stated that, Government have been requested to sent the consolidated particulars, with regard to the name of the posts and services, and the number of vacancies in the respective posts, for which recruitment has to be made through Tamil Nadu Public Service Commission as required under Section 27(h) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, in order to conduct Special Drive for SC/ST, at the earliest.

21. Section 27(h) of the Tamil Nadu Government Servants (Conditions of Service) Act 2016, reads thus:-

"(h) Notwithstanding anything contained in this section, in order to restore the representation of Scheduled Castes and Scheduled Tribes in a service, where their representation is less than eighteen per cent and one per cent, respectively, each department shall furnish such vacancies treating them as shortfall vacancies of Scheduled Castes and Scheduled Tribes in the lowest level of posts in each of the Groups A,B,C and D, besides the posts of Junior Assistants, Typist and Steno-Typist Grade III in the Tamil Nadu Ministerial Service and the Tamil Nadu Judicial Ministerial Service, to the Government and the Government, in turn, shall inform the same to the recruiting agencies for notifying the vacancies for direct recruitment as a one time measure:
Provided that reservation for Women, Differently abled person and Ex-servicemen shall not apply to the said recruitment."

22. On 05.10.2018, when the writ petition and contempt petition came up for hearing, Mr.M.Loganathan, learned counsel for Tamil Nadu Public Service Commission, Chennai, submitted that no sooner the Government furnishes the particulars, Commission would complete the recruitment process, within six months.

23. Now, the particulars of the shortfall SC/ST vacancies in various departments have been furnished by the Additional Chief Secretary to the Government, Adi Dravidar and Tribal Welfare Department, Chennai, to be filled up by the agencies TNPSC/MRB/TRB and the Directorate of Employment and Training.

24. In W.P.No.25062 of 2012 dated 18.07.2014, this Court ordered as hereunder:-

"In view of the specific stand taken by respondents 14 and 2, we deem it fit to direct the High Level Committee constituted as per the Government Order dated 05.01.2012 to finalise the programme and arrive at the shortfall vacancies for scheduled casts and scheduled Tribes. Thereafter, the Committee will have to send the Report to the Government for issuing appropriate orders. The entire exercise will have to be done by the Committee as well as the respondents within a period of six months from the date of receipt of a copy of this order."

Government order has been issued in the year 2016. But full particulars have been given only in the year 2018, after two years. There is already a direction, to fill up the post immediately. Posts have not been filled up and therefore, the petitioner has filed the contempt petition No.1773 of 2015.

25. In State of Uttar Pradesh and Others Vs.Sangam Nath Pandey and Others, reported in (2011) 2 SCC 105, the Hon'ble Supreme Court, observed thus:-

"38. The exercise of identifying the year-wise and cadre- wise vacancies ought to have been conducted by the State prior to the issuance of the advertisement as rightly noticed by the learned Single Judge. The purpose of introducing a roster system was to ensure that the percentages of reservation provided for various categories of persons is effectively and speedily achieved. This can only be done if the department concerned identifies the year-wise vacancies in the cadre. Once the vacancies are identified, it is enjoined upon the authorities to ensure that the selection procedure is completed speedily. This is necessary to avoid uncertainty to all categories of candidates.
39. The general category, as well as, the reserved category candidates are likely to be adversely affected in case the vacancies are not filled within a reasonable period of time. As a result of undue delay, certain candidates will always be in the danger of becoming overage to apply for some particular posts falling in a particular year of recruitment. Unnecessary lethargy in filling up the posts would also lead to further uncertainty and chaos among the recruits with regard to their seniority, confirmation and promotions. Such a situation only gives rise to unavoidable litigation, lasting for many long years. This case epitomizes such malaise.
40. In our opinion, the State Government, in the present case, ought to have initiated the necessary selection procedure upon due verification of the posts available for the reserved categories. It was not sufficient to merely send the requisition to the Public Service Commission. It was necessary for the State to pursue the matter with the Public Service Commission for completion of the selection process. Otherwise, the very purpose of introducing the roster system and a running account would be totally defeated.
44. In our opinion, the authorities have been rather casual in their approach in implementing the reservation policy, in letter and spirit. We are, however, conscious of the fact that the 367 posts lying vacant for a number of years are meant only for the reserved categories. They have been calculated on the basis of the percentages reserved for various categories. In segregation of the aforesaid posts, none of the unreserved categories would be deprived of any posts which ought legitimately to have fallen to their share."

26. Having regard to the statement made on 05.10.2018 that the entire recruitment process would be completed within six months, we direct the recruiting agencies, Tamil Nadu Public Service Commission (TNPSC), Medical Services Recruitment Board (MRB), Teachers Recruitment Board (TRB) and Commissioner, Directorate of Employment and Training, Chennai, to issue appropriate notification in the newspapers, calling for applications from eligible candidates, to fill up SC/ST shortfall vacancies within one month from today and complete the process as expeditiously as possible, by not later than six months, as assured by the Tamil Nadu Public Service Commission, Chennai.

27. Therefore, while issuing directions to fill up the SC/ST shortfall vacancies, through a Special Drive, it is made clear that there should not be any delay in implementing the direction issued in the instant W.P.No.2937 of 2018.

28. In view of the above, writ petition is allowed and contempt petition is closed. Consequently, the connected writ miscellaneous petition is also closed.

29. Post on 16.11.2018, for reporting compliance.

(S.M.K., J.) (S.P., J.) 10.10.2018 Index: Yes / No Internet: Yes / No dm Note:

Issue order copy on 12.10.2018.
To
1.The Government of Tamil Nadu, rep by its Chief Secretary, Secreteriate, Fort St.George, Chennai-9.
2.The Secretary to the Government of Tamil Nadu, Adi Dravidar and Tribal Welfare Debt., Fort St., George, Chennai-9.
3.The Secretary, Tamil Nadu Public Service Commission, TNPSC Building, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-600 003.
4.The National Commission for Scheduled Casts, Rep by its Chairman, 5th Floor, Lok Nayak Bhavan Khan Market, New Delhi-110003.
5.The Commission for Scheduled Tribes, 6th Floor, B-Wing, Lok Nayak Bhavan, Khan Market, New Delhi-110003.

S.MANIKUMAR,J.

AND SUBRAMONIUM PRASAD, J.

dm W.P.No.2937 of 2018 and Cont.P.No.1773 of 2015 and W.M.P.No.3599 of 2018 10.10.2018