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Judgment
K. Chandru
In this batch of Writ Petitions, the petitioners are all employees of Coimbatore City Municipal Corporation, pursuant to the direction issued by
the State Government in G.O.Ms. No. 472, Municipal Administration and Water Supply Department dated 22.11.2011. They have sought to
come forward to this Court for the second time to improve upon the terms of the employment granted by the Corporation. By the said G.O., the
State Government found that the petitioners were originally employed by the Tamil Nadu Textile Corporation and the Textile Corporation
retrenched the service of the petitioners. Subsequently, in order to accommodate them in some other employment, attempts were made to write to
several bodies. The Director of Family Welfare addressed a communication to the Secretary to the Government, Municipal Administration and
Water Supply Department stating that the Coimbatore City Municipal Corporation is willing to accept and grant them employment and they are
seeking for Government permission for grant such employment. On the basis of this communication, when no employment was given to them, the
petitioners filed a batch of Writ Petitions before this Court being W.P.Nos.14826 to 14836 of 2009. In the said Writ Petitions, they have
challenged a G.O.(Ten Years) No. 230, Municipal Administration and Water Supply Department dated 1.8.2009, insofar as rejecting the claim of
the petitioners for absorption of their employment in the Coimbatore Corporation and seek for a direction to grant relaxation of the Rules for
redeploying them. A a learned Judge of this Court by order dated 17.12.2009 granted direction to the respondents stating that the Tamil Nadu
Textile Corporation has already initiated steps to introduce Voluntary Retirement Scheme and the petitioners were not willing to accept the
Voluntary Retirement Scheme and therefore, duty was cast upon the Tamil Nadu Textile Corporation to redeploy them by getting appropriate
approval from the State Government. At that stage, a mention was made to this Court that no such direction can be given to the Textile
Corporation and if at all there is any redeployment of these petitioners, that could be done only by the State Government and therefore,
appropriate direction can be given to the State Government. The learned Judge on the matter being mentioned further passed an order on
11.2.2010 stating that appropriate approval should be given by the State Government and the Corporation should address to the State
Government in this regard.
On being aggrieved by the said direction, the State Government and the other Subordinate Officers filed Writ Appeals being W.A.Nos.2143 to
2149 of 2010 before a Division Bench. The Division Bench by order dated 11.2.2011 held that the order passed by the learned Judge was valid
and the Writ Appeals were dismissed. As against the same, the State Government preferred a SLP in SLP Civil No. ..../2011 C.C.16478-16484
of 2011 and along with the SLP, a petition for condoning the delay was filed. The delay was condoned and the Special Leave Petitions were
dismissed by the Supreme Court on 17.10.2011.
Having failed in their attempt, the State Government was forced to issue an order in G.O.Ms. No. 472, Municipal Administration and Water
Supply Department dated 22.11.2011 directing the Corporation of Coimbatore to accommodate the petitioners in the vacant post of
Assistant/Clerk in the scale of pay of Rs. 5200-29299+2800. For this purpose, necessary relaxation was granted for the adhoc Rules as well as
Rule No. 4 requiring the sponsorship by the Employment Exchange. Pursuant to the direction issued by the State Government, the petitioners were
accommodated by the Corporation by the order dated 29.12.2011 and accordingly the petitioners have joined duty. After joining the duty, the
petitioners sent a representation to the Corporation Commissioner dated 9.1.2012 stating that they cannot be treated as a fresh recruit and they
should have the benefit of absorption. After sending such representations, they are before this Court seeking for a direction that the order of the
State Government insofar as granting them fresh appointment as well as consequential orders should be quashed and they should be directed to
absorb in the 3rd respondent Corporation with all past service.
It is not clear as to how such a Writ Petition is maintainable. When the petitioners are working in State owned Corporation, which is a distinct
autonomous body and when the petitioners do not want to accept the Voluntary Retirement Scheme introduced on account of Textile Corporation
having become sick, there is no scope of further employment either in the Corporation or in other Government Departments. In the absence of
legal or enforceable right on the part of the petitioners in approaching this Court, using the resolution of the Coimbatore Corporation, which was
willing to accommodate them and after series of litigations, wherein the State Government was unsuccessful in fighting against the same, the State
Government was forced to implement them without there being legal or enforceable right on the part of the petitioners. Having availed their
redeployment from the Corporation and refused to go on Voluntary Retirement Scheme, the petitioners have secured a fresh employment and they
should self-content with the same and not challenge the same which was agreed on the basis of discretionary order passed by this Court.
The petitioners neither in the affidavit nor in their representation pleaded any specific right on their part to get regular employment counting their
past service. Even as against the Corporation, the power to appoint vests only with the Corporation Council. The State Government has no power
under the Coimbatore City Municipal Corporation Act to give any direction. Therefore, the impugned G.O and the the consequential order of
posting can be considered only as an enabling provision to accommodate them. In the absence of legal or enforceable right, the present attempt
made by the petitioners to seek for further improvement in the G.O is uncalled for and unwarranted. The writ petitions are misconceived and bereft
of legal reasoning. Accordingly, all the Writ Petitions stand dismissed. No costs. The connected Miscellaneous Petitions are closed.