Coming to the aid of a batch of agronomists, sociologists and engineers involved in an integrated watershed management programme in Madurai district for over 10 years, the Madurai Bench of the Madras High Court asked the government to consider engaging them in its upcoming projects.
The court was hearing a batch of petitions filed by members of the watershed development team, challenging the decision to terminate their services. The team members sought a direction to the authorities to retain them till the end of the project, funded by both the Centre and the State.
The petitioners said they had been engaged for more than 10 years in the project and after utilising their services for all these years, their services were terminated against their interest. They said the team members had crossed the age of 40-45, and at this stage, they could not go anywhere and seek employment.
The State argued that the appointments were temporary. The project involved three phases — preparatory, work and evaluation. The first two were completed and services of the petitioners were not required in the third phase. The State intended to carry out the third phase by utilising services of regular employees, it was submitted.
Taking cognisance of the submissions, Justice Krishnan Ramasamy observed that the employer had a right to take a decision with regard to the provision of employment. In the present case, the employer had come to a conclusion that no work was available for the petitioners.
The judge said it was for the State to decide on the utilisation of their services. The petitioners cannot insist the employer to provide work. But taking a sympathetic view towards the plight of the petitioners, the court said the State should consider engaging them in upcoming projects.
Though the petitioners had no legal right over the employment, it was the duty of the government to protect their interest.
The rich experience of the petitioners would be useful for the State, the judge said and directed it to consider the petitioners and give priority in employment to them in forthcoming watershed projects. The court also directed the State to consider age relaxation in case of direct recruitment for the project so that the petitioners can participate in the process.
