Madras High Court

R.M.Ramesh Kumar vs Government Of Tamil Nadu on 5 July, 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.07.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

W.P.No. 23408 of 2019
And
W.M.P.No. 23175 & 23176 of 2019

R.M.Ramesh Kumar ... Petitioner

..Vs..

1. Government of Tamil Nadu
Represented by its Principal Secretary
School Education Department
Fort St. George
Chennai -600 009.

2. The Director of Public Library
Anna Salai, Chennai – 600 002.

3. The District Library Officer
Coimbatore District. ... Respondents

PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorarified Mandamus calling for the entire
records which culminated in passing the order bearing
Na.Ka.No.462/A2/2017 dated 12.02.2018 of the 2nd respondent, and quash
the same and consequently directing the 1st respondents to consider and pass

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2

appropriate orders on the proposal sent by the 3rd respondent in his
proceedings in Na.Ka.No. 4842/A1/2016 dated Nil.12.2016 signed on
08.12.2016 for appointing the petitioner to the post of Village Librarian in
the light of the Judgment dated 10.11.2014 in W.A.No. 1363 of 2014
confirming the order dated 28.03.2013 in W.P.No. 12007 and 12009 of
2009 with all consequential benefits and in accordance with law.
***
For Petitioner :: Mr. P.Ganesan

For Respondents :: Mr.S.Ravikumar
Special Government Pleader

ORDER

The Writ Petition has been filed in the nature of Certiorarified

Mandamus seeking records relating to an order dated 12.02.2018 in

Na.Ka.No. 462/A2/217 of the second respondent and quash the same and

direct the first respondent to consider and pass appropriate orders on the

proposal sent by the third respondent in proceedings in Na.Ka.No.

4842/A1/2016 of December 2016 and appoint the petitioner to the post of

Village Librarian.

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2. The petitioner placed reliance on a Judgment of a Division

Bench of this Court dated 10.11.2014 in W.A.No. 1363 of 2014, [The

Secretary to Government, Education Department and others Vs.

C.Loganathan] wherein the Division Bench had confirmed the order of a

learned Single Judge in W.P.No. 12009 of 2008 dated 28.3.2013,

[G.Loganathan Vs. the Secretary to Government, Education Department

and another].

3. The petitioner, had completed his +2 in March 1980 and had

joined as Village Librarian Assistant on 01.03.1996 under proceedings of

the third respondent, the District Library Officer, Coimbatore District. He

then passed the Certificate of Library Information Science (CLIS) exam in

October 1998. He was therefore eligible to be considered for appointment

to the post of Grade-II Librarian which required as educational qualification

of +2 pass and CLIS certificate. He was working as part time Librarian for

a period of 23 years.

4. It was stated that another individual, who was similarly placed,

Loganathan, also sought appointment as part time Village Librarian but the

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respondents had rejected such appointment on the ground that the name of

Loganathan was not sponsored through the employment exchange. That

issue was decided by a learned Single Judge in W.P.No. 12009 of 2009

wherein by Judgment dated 28.03.2013, the Writ Petition was allowed and

the condition imposed by the respondent that the name should be sponsored

through employment exchange was interfered with and set aside.

5. The subsequent Writ Appeal in W.A.No. 1363 of 2014 was

also dismissed by a Division Bench dated 10.11.2014.

6. In the impugned order, the petitioner had been refused to be

posted as part time Librarian only because of the fact that his name was not

sponsored through the employment exchange.

7. The learned Special Government Pleader pointed out two

Government Orders, namely, G.O.Ms.No. 156, School Education (K2)

Department dated 10.09.1998 and G.O.Ms.No. 170, School Education (K2)

Department dated 17.07.2007. In the first Government Order, it had been

stated that adhoc rules cannot be framed for the post of Village Librarian

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and the guidelines to be followed were given. The guidelines related to an

earlier Government Order in G.O.Ms.No. 66, Education Science and

Technology, dated 30.01.1996.

8. In the annexure to the said Government Order, the guidelines

for appointment had been given. The required had been given. The terms

of appointment had been given. There were two windows of appointment,

namely, by transfer from part time Librarian, who had put for 5 years of

service and appointment through employment exchange or by direct

recruitment.

9. In the second Government Order, namely, G.O.Ms.No. 170, the

appointment of 27 individuals, whose names were sponsored by the

employment exchange had been given.

10. However, this issue of a pre requisite condition of being

sponsored by the employment exchange had been examined by the learned

Single Judge in the Writ Petition aforementioned. The learned Single Judge

had observed as follows:-

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“8. Today, there is no dispute that the petitioners hold the educational qualifications or a pass in the certificate course. They have been working as Part Time Librarians for the past more than 20 years. Therefore, at least from the date of fulfilment of the qualifications and other requirements, the petitioners are entitled to regular absorption.

9. In view of the above, both these Writ Petitions are allowed, directing the respondents to pass appropriate orders, within a period of 8 weeks, granting the benefit of regular absorption to the petitioners, with effect from the dates on which they became qualified for such absorption, on par with other similarly placed candidates. The said order shall be passed after relaxing the requirement of sponsorship through Employment Exchange. No costs. Consequently, connected miscellaneous petitions are closed.”

11. In the Division Bench, in the order in W.A.No. 1363 of 2014,

paragraph Nos. 3 & 4 read as under:-

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“3. We have perused the pleadings, documents and also the counter affidavit filed by the appellants before the Writ Court. The only stand taken by the appellant before the Writ Court. The only stand taken by the appellant before the Writ Court was that the respondents were not qualified on account of the fact they were not sponsored by the Employment Exchange.

4. On a perusal of the Government Order, we found that there is no such requirement for appointment and it is stated therein that all the part time librarians, who have been working in Village Libraries, which were thereafter, converted to regular Village Library, be considered for regularisation. It is stated at the Bar that similarly placed part time librarians have already been considered and regularised on the post. In view of that, we do not find any error in the order sought to be impugned in this Writ Appeal and the Writ Appeal stands dismissed. No costs. The connected Miscellaneous Petition is also dismissed.”

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12. The ratio laid down applies to the petitioner also.

13. In view the facts that the petitioner has requisite qualification,

having qualified in Higher Secondary and also having the necessary

certificate, namely, CLIS, a direction is issued to the respondents, to pass

appropriate orders within a period of 8 weeks granting the benefit of regular

absorption to the petitioner with effect from the date on which he became

qualified for such absorption on par with other similarly placed candidates.

The said order must be passed after relaxing the requirement of sponsorship

through employment exchange.

14. The above is the order passed in the aforementioned Writ

Petition. It is again reiterated by this Court.