This Writ Petition is filed to issue a Writ of Mandamus, directing the respondents to absorb all the petitioners in any State Government Corporation, Boards, or in any other Government Organizations as per Para 4(vi) of G.O.Ms.No.86 Animal Husbandry and Fisheries (TAPCO) Department dated 19.4.1999.
2. The petitioners were appointed as Junior Assistants Tamil Nadu Poultry Development Corporation in short TAPCO and thereafter, the Government based on an Expert Committee's Report decided to close down the operation of M/s.TAPCO Ltd., without detriment to the interest of the Government as well as the employees of the Corporation in G.O.Ms.No.86 Animal Husbandry and Fisheries (TAPCO) Department dated 19.4.1999. Part of the workers of M/s.TAPCO was transferred to the Department of Animal Husbandry. Some employees of M/s.TAPCO were offered the option of availing voluntary retirement scheme or in the alternative they shall be treated as retrenched workers so as to grant them terminal benefits as per rules. Para 4(vi) of the G.O.Ms.No.86 dated 19.4.1999 provides for reemployment of the retrenched employees in other Government Departments on priority basis. The said para reads as follows:-
"(vi) Lists of employees retired voluntarily and persons retrenched under items (ii) and (iv) above shall be communicated to all State Government Corporations/Boards and other Government Organizations requesting them to offer employment to suitable individuals on priority basis in the existing and future vacancies."
On the said basis, the petitioners now seek direction as aforesaid to consider their case for employment in other State Government Corporations/Boards, etc., in terms of the G.O.Ms.No.86 dated 19.4.1999 Earlier, the request of the petitioners for employment was not considered in view of the ban issued by the Government. It is not in dispute that at present the ban has already been lifted and there is no impediment in considering the case of the petitioner on merits subject to the petitioners satisfying any other requirements as per law and rules.
3. Learned counsel for the petitioners now seeks the indulgence of this court to direct the respondents to issue necessary instructions or directions to the appropriate authorities so as to enable the petitioners to be absorbed by various Government Corporations/Boards, etc., as set out in G.O.Ms.No.86 dated 19.4.1999.
4. Considering the nature of the relief sought for in the writ petition, the petitioners are permitted to give individual representation along with a copy of the G.O.Ms.No.86 dated 19.4.1999 and such representation shall be considered by the respondents 1 to 4 collectively or individually as per procedure and such authorities shall determine the petitioners' claim in terms of G.O.Ms.No.86 dated 19.4.1999. It is desirable that such order on merits be passed within six weeks from the date of receipt of a copy of this order. The Writ Petition is ordered as above. No order as to costs.
ts To
1.The Secretary to Government, Department of Animal Husbandry and Fisheries, Fort St. George, Chennai-9.
2.The Secretary to Government, Finance Department, Fort St. George, Chennai-9.
3.The Secretary to Government, Labour and Employment Department, Fort St. George, Chennai-9.
4.The Secretary to Government, Personnel and Administrative Reforms Department, Fort St. George, Chennai 9