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High Court directs Transport Commissioner not to fill vacancies

Special Correspondent

CHENNAI: The Madras High Court has directed the Transport Commissioner not to fill vacancies in transport corporations, except those covered by Government Order 41 and an earlier court order.

Passing the injunction order, the First Bench of Chief Justice A.P. Shah and Justice K. Chandru posted a writ appeal filed by C. Ramesh and 27 others to March 8.

Assailing a single-judge order dated December 14, 2006, the appellants said the judge ought to have directed the Transport Department to appoint them after providing re-employment to retrenched workmen under GO 41, particularly when the department itself had admitted that there were vacancies even after re-employing the retrenched people.

The matter relates to the writ petitions filed by hundreds of workmen, who had lost their jobs in retrenchment drives since 1997. They had challenged the AIADMK Government's move to employ 2,000 drivers and conductors in February 2006. Though the AIADMK Government was able to select candidates, appointment orders could not be issued in view of the Assembly elections. Later, in July 2006, the present Government issued the impugned orders stating that the retrenched employees were entitled to preferential treatment.

The present writ petitions were filed by those selected during the AIADMK regime. The single judge upheld the orders issued by the present Government saying the transport corporations were bound to give jobs to those who were earlier employed there and retrenched. He said the Corporations were barred from recruiting new candidates for vacancies when qualified retrenched workmen were available for the jobs.

The writ appeals contended that the single judge ought to have directed the corporations to appoint the appellants to fill the remaining vacancies after providing re-employment to retrenched workmen.

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