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Showing contexts for: mari in P.M.Mari vs The State Of Tamil Nadu on 29 January, 2007Matching Fragments
3. As the Writ Petitions filed by the deputationists contain common pleas, we cull out the facts from some of the Writ Petitions:-
A. For convenience, at first, we shall refer the case of P.M.Mari, petitioner in W.P. No.19401 of 2004.
He is an Engineer with B.E. in Civil Engineering. He joined the TWAD Board on 10.06.1985 as Assistant Engineer. In 1997, he was sent on deputation to the R.D. Department when 'Engineering Wing' was started there. This was under G.O. Ms. No.263, dated 27.12.1996, issued by the Government - first respondent. Additional technical posts sanctioned under the said Government Order were directed to be filled up on deputation/by transfer of service basis for a period of three years as temporary measure. At present, he is working as Assistant Engineer in the R.D. Department. The Director of R.D., Chennai-15, following the notification dated 21.01.1997, requested the Collectors to issue orders to individuals who had been selected from the willing candidates from the Highways, Rural Works Department and TWAD Board. Persons, who went on deputation, were found eligible and suitable based on their qualifications. Along with the petitioner, a number of persons from the TWAD Board also came to the R.D. Department on deputation. In G.O. Ms. No.102, R.D. Department, dated 25.05.1998, the Government directed the Director to report about permanently absorbing Assistant Engineers from other Technical Departments by giving them weightage for the service put in by them in their respective parent departments. Based on such direction, ad hoc rules were framed by the Government for the persons holding temporary posts. These rules were based on the earlier Government Orders in G.O. Ms. Nos.263 and
B. P.M.Mari and others joined together and filed W.P. No.26807 of 2005 making similar contentions to those raised in W.P. No.19401 of 2004.
C. In W.P. No.33503 of 2006, filed by T.Venkatesh, an Assistant Engineer directly recruited in TWAD Board, now in the R.D. Department, it is stated that the Government of Tamil Nadu, with a view to have a separate Engineering Wing in the R.D. Department created certain posts. One such post is Assistant Engineer or Additional Union Engineer. To meet the immediate requirement and development of the Engineering Wing, the Government directed to draw Assistant Engineers by way of deputation from various Technical Departments including TWAD Board as the same has been considered as one of the Technical Departments. Accordingly, options were called for by the Director of Rural Development through the respective Collectors who in turn obtained the same from the Superintending Engineers of the TWAD Board. The petitioner expressed his willingness to go on deputation. Since January 1997, he has been working continuously till this date. The Government took a policy decision to absorb the deputationists and issued G.O.Ms. No.102, R.D. (EIV) Department, dated 25.05.1998, wherein, it directed the Director of R.D. to explore the possibility of absorbing all the deputationists in the R.D. Department. Though the said order was implemented initially, the same was cancelled on 02.07.1999 on the ground of not giving consent by the TWAD Board. However, the said deficiency was made good by the succeeding Managing Director of the TWAD Board by sending two letters on 22.07.1999 and 12.10.1999, giving willingness for permanent absorption of their staff in the R.D. Department. On the basis of those letters, the petitioner was allowed to continue beyond the period of deputation. The petitioner and others were hoping that they would be permanently absorbed and given all service benefits, but, nothing has been done.