issued for the specific category of employees would exclude the earlier O.Ms and thus the respondents were entitled to absorption in the State Government and directed the State Government to companysider their cases for such absorption within a period of two months.
The appellants resisted the said petition on the basis that the Tribunal does number have jurisdiction to entertain the application since the respondents were number employed in any civil post that, in view of various Government orders indicating the policy that the respondents companyld number be recruited to the State Government service except on being sponsored by the Commission.
Similar request was made by the Director of Census Operations, Madras.
This ban was companytinued for an indefinite period.
Nos.341 dated 13.12.92 and 444 dated 23.12.92 were subsequent to the one issued on 15.5.91 imposing general ban on the recruitment of temporary employees sponsored by employment exchange and, therefore, the subsequent G.O.Ms.
After the companypletion of the census work, their services were terminated.
and age relaxation of three years and rule of reservation while making appointments.
Thus, the temporary employees who were working in Census Department and whose services were terminated also had to pass such qualifying examination companyducted by the Commission.
In this background, the respondents filed an application before the Tamil Nadu Administrative Tribunal hereinafter referred to as the Tribunal that they had to be absorbed either in the State Government service or in any of the undertakings inasmuch as they had worked for 15 months companytinuously and they sought for a direction to absorb them as Junior Assistants or Typists.
For the purpose of census work, personnel are recruited through employment exchange.
For the purpose of census operations which companymenced in the year 1991 certain workers, including respondents, were engaged on a companysolidated pay to carry out the census work for a period of 18 months from 1.2.1991 to 30.6.1992.
The Registrar General and Census Commissioner of India, by a letter sent on December 26, 1991, requested the State of Tamil Nadu to take appropriate steps in absorbing the temporary workers employed in the census operations at the state level in its services and in the undertakings under its companytrol.
Hence this appeal by special leave.
The services of the respondents in the present case who had been engaged as census workers were terminated or retrenched on June 30, 1992.
Certain companycessions were sought to be extended to the respondents in O.Ms.
The resultant position is that there was a ban on the recruitment of temporary employees through employment exchange and recruitment of both temporary and permanent employees had to be made only from the list of persons sponsored by the Commission.
Similar orders had been issued on each occasion after the census work was over at the instance of the Registrar General and Census Commissioner of India.
From 1971 onwards, on each occasion, when on companypletion of the census work, on the request of the Registrar General and Census Commissioner of India, certain benefits were given to the census workers, such as, top priority for recruitment to the posts of Junior Assistants, Record Clerks, Peons, etc.
Nos.341 and 444 but the companycessions extended under the earlier order were withdrawn and more stringent companyditions were imposed for their absorption.
After the census work is over their employment would companye to an end inasmuch as such employees are taken on duty on temporary basis.
On May 15, 1991, the State Government issued an order imposing a ban on recruitment of temporary employees, for a period of one year from that date, other than those who are sponsored by the Tamil Nadu Public Service Commission hereinafter referred to as the Commission.
RAJENDRA BABU, J. Census is companyducted once in every ten years under the Census Act, 1948 in the companyntry under the direction of the Registrar General and Census Commissioner of India.
