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Madras High Court ruling on recruitment of overseers

Special Correspondent

Technical Assistants recruited under NREGS should be given a chance

CHENNAI: The Madras High Court has directed that in future recruitment of overseers under the Tamil Nadu Panchayat Development Engineering Subordinate Service in Tiruvannamalai and Dindigul districts, Technical Assistants (TAs), recruited through outsourcing method under the NREGS (appellants), and whose registration continued in the employment exchange, should be given a chance to appear in the recruitment process.

Disposing of two writ appeals, the First Bench, comprising Chief Justice A.K. Ganguly and Justice F.M. Ibrahim Kalifulla, said that while doing so, the appellants should not be rejected on grounds of age. If they had crossed the age limit, it should be condoned.

Their performance in the written test and their seniority in registration should be considered.

If in all these things, the appellants were found equal with other persons who were to be recruited, the appellants should be given weightage considering their experience.

The court also directed that vacancies in the post of overseer in the two districts may be filled up by initiating the recruitment process as early as possible, preferably within six weeks.

Two petitions were filed praying for a writ to call for the records pertaining to a G.O. of the Rural Development and Panchayat Raj Department of June this year and the consequential proceedings, and quash the same.

They also sought a direction to the department to extend the benefit of relaxation of the Special Rules for Tamil Nadu Panchayat Development Engineering in favour of TAs recruited through the outsourcing method under the NREGS and absorb them as overseers under the TN Panchayat Development Engineering Subordinate Service.

Challenging the order of a single judge on the petitions, the appeals, one by M. Rajesh and 72 others and A. Alageswaran and 53 others, were filed. Their grievance was that even though they had registered themselves with the employment exchange and had the experience of doing the same work which was done by TAs recruited through employment exchange, at the time of absorption as overseers their cases were not considered. The reason was that they were not recruited through the employment exchange. That was not their fault.

The government submitted that during recruitment through the employment exchange, candidates were subjected to a written test, whereas it was not so for the appellants even though they had registered with the employment exchange.

The outsourcing method was done mostly in Tiruvannamalai and Dindigul districts.

The Bench said there was some substance in the contention of the Additional Advocate-General, P.S. Raman. The court passed the order in view of the government’s stand in the G.O. that the present TAs had a field experience of one to two years in the districts, which would be advantageous for the district administration in the effective implementation of rural development schemes, whereas new recruits from the employment exchange would be raw hands.

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