HC upholds G.O. canelling selection of drivers in Feb 2006

Chennai, Dec 14 (UNI) Madras High Court today upheld a Tamil Nadu Government Order, cancelling the selection of 2000 drivers and 700 conductors made in February 2006, and giving preference for reemployment of retrenched employees.

Mr Justice P Jyothimani upheld the G.O dated July 13, 2006, while disposing of a batch of over 100 petitions.

In his order, the judge said he was in total agreement with the contention of Advocate General that the selection order issued in February 2006 to the petitioners who are challenging the G.O was opposed to and in violation of the statutory provisions of section 25 (H) of the ID Act. It also remains a fact that as per the law laid down by the Supreme Court, mere selection of person to a post does not confer on the any right.

Some petitions sought to quash the G.O issued by the Secretary, Transport Department which gave a preference only to persons who were recruited after 1997 as drivers and conductors, contending that it was illegal. They sought a direction to the authorities concerned to appoint the petitioners as drivers and conductors in preference to those recruited before 1997.

Some other petitions, challenged the cancellation of the selection order issued to them by the transport corporation.

Eventhough there are no reference in these cases about the impugned G.O, admitedly the cancellation was pursuant to the said G.O dated July 13.

The remaining were cases where petitioners filed petitions seeking implementation of the G.O and in the face of Section 25 (H) of the Industrial Disputes Act praying for reemployment, based on the Division Bench judgement of this court.

UNI XR VV RL BD2033