AMBEDKAR ALL GOVERNMENT INDUSTRIAL TRAINING INSTITUTE STAFF WELFARE ASSOCIATION Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) O.A.No.4098 of 2000 is filed by Dr.Ambedkar All Government Industrial Training Institute Staff Welfare Association represented by its Secretary. O.A.No.4177 of 2000 is filed by Dr.Ambedkar Government Data Centre Staff Welfare Association Branch affiliated to Dr.Ambedkar All Government Industrial Training Institute, represented by its Secretary S.Ganapathi.

(2.) W.P.No.45334 of 2006 arose out of the O.A.No.4098 of 2000 filed before the Tribunal seeking to challenge an order dated 29.1.2000 passed by the second respondent Director of Employment and Training Department, Chennai. The petitioner sought for setting aside the order, dated 29.1.2000 pending compliance of the Government Order in G.O.Ms.No.44, Adi Dravidar and Tribal Welfare Department, dated 20.5.1998. The said G.O came to be issued pursuant to the judgment of the Supreme Court in Indra Sawhney Vs. Union of India reported in 1992 Supp (3) SCC 217. The State Government after referring to that decision, in paragraph 7 stated as follows:

(3.) THE prayer made by the petitioners in both writ petitions was that promotions or appointments should not be made for various posts under the State Government in Group A,B,C and D without first determining the backlog vacancies. Those vacancies should be filled up with the members of SC and ST as per the communal roster. Only after filling up those posts, any further exercise can be done by the respondents. G.O.Ms.No.44 mandated them to identify the number of vacancies which are available to SC and STs. THErefore, the respondents must be directed to go for recruitment to fill up the backlog vacancies.