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Madras High CourtWP/27420/2009allowed

V.Manickam, v. The Director Of Adi Dravidar

2021-12-09Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.27420 of 2009 and M.P.Nos.3/2009 & 1/2010 1.V.Manickam 2.P.Srinivasan 3.C.Kannaiyan 4.M.Anbalagan 5.A.Ayyavoo 6.R.Murugesan 7.M.Kaliyamurthy 8.K.Perumal 9.V.Subramani 10.A.Varadarajan 11.A.Selvakumar 12.V.Saravanan 13.M.Sundararajan 14.T.Ganesan 15.A.Jagannathan 16.V.Selvan 17.R.Sankar 18.K.Karunanidhi 19.R.Asaikkili 20.S.Pappathi 21.Geetha 22.A.Mallika 23.Chithra 24.Valiammal

...Petitioners

vs.

1.The Director of Adi Dravidar Welfare, Chepauk, Chennai-600 005.

2.The District Adi Dravidar and Tribal Welfare Officer, Salem.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent relating to Pro.Na.Ka.No.54763/2007/D4 dated 15.12.2009, quash the same and issue consequential direction to the respondents to regularly absorb the petitioners as Cook with effect from the dates of their initial appointment with all consequential benefits.

For Petitioners : Mr.S.Balakrishnan for M/s.M.Ravi For Respondent : Mr.J.C.Durairaj, Additional Government Pleader

O R D E R

The challenge in this writ petition is to the order of the second respondent dated 15.12.2009, in and by which the petitioners' Time Scale of Pay was altered and reverted back to consolidated monthly pay.

2. It is the case of the petitioners that they have been appointed as Cooks during December 2006 and January 2007 through District Employment Exchange, Salem in the hostels and schools run by Adi Dravidar and Tribal Welfare Department in Salem District. Initially the petitioners were appointed in a consolidated monthly pay of Rs.850/- and subsequently, based on the proceedings of the first respondent dated 21.06.2007, they were placed in regular Time Scale of Pay of Rs.2550-55-2660-603600, vide proceedings of the second respondent dated 27.12.2008. While so within a period of one year, to their shock and surprise, the second respondent, vide proceedings dated 15.12.2009, the order passed in proceedings of the second respondent dated 27.12.

2008 bringing the petitioners to regular time scale of pay, has been ordered to be kept in abeyance, until further orders. It has been further ordered that the petitioners shall rejoin duty in the places at which they were drawing consolidated monthly pay of Rs.850/-. It is stated by the first respondent that during the internal audit conducted at the office of the second respondent it was found that the placement of the petitioners in time scale of pay is not in order while proposals are pending with the Government and by such action of the second respondent, loss to the tune of Rs.2,04,000/- p.m. had been caused to the Government. The copy of the proceedings of the first respondent dated 24.09.

not been furnished to the petitioners. Therefore, challenging the same, the present writ petition has been filed. 3.The learned counsel for the petitioners would submit that the petitioners have not been put on notice before ordering reduction of their scale of pay, vide order of the second respondent dated 15.12.2009 and on the ground of violation of principles of natural justice, the impugned order is liable to be set aside.

4. Mr.J.C.Durairaj, learned Government Advocate appearing for the respondents has drawn the attention of this Court to the counter affidavit of the second respondent wherein it has been stated that the second respondent has erroneously brought all the petitioners into regular time scale of pay and the said irregularities had been found out during the Internal Audit conducted by the first respondent and directed that the order of the second respondent dated 02.12.2008 has been kept in abeyance until further orders and that the petitioners shall rejoin duty in the place at which they were drawing consolidated pay of Rs.850/- per month.

It was also pointed out in the Internal Audit that the placement of the petitioners in the time scale is not in order and while the proposals are pending with the Government regarding their increase of pay in the time scale, due to irregular orders passed by the District Adi Dravidar and Tribal Welfare Department, Salem, the Government is incurring a monthly loss of Rs.2,04,000/- from December 2008 to till date and therefore, the second respondent has rightly passed the impugned order and prays for dismissal of this writ petition.

5. This Court has considered the submissions made and also perused the materials placed before it.

6. It is the stand of the respondents that since the action of the second respondent bringing the services of the petitioners under regular Time Scale of Pay is erroneous and on account of the same, the Government is incurring loss to the tune of Rs.2,04,000/- per month, the said order is kept under abeyance as per the directions of the first respondent and only in pursuant to the interim order passed by this Court, the petitioners continued in service and drawn salary as per the revised Time Scale of Pay. The grievance of the petitioners is that they have not been afforded with any opportunity while revising their pay back to consolidated monthly pay. According to the respondents, the second respondent is not competent to regularize the services of the petitioners and bringing them under regular Time Scale of Pay and only the first respondent is

the competent authority and the second respondent has mistakenly passed orders bringing the petitioners under regular Time Scale of Pay and only in order to rectify the mistake, the impugned order came to be passed. A perusal of the impugned order would also disclose that the petitioners have not been afforded with opportunity before passing the impugned order and on that ground, the impugned order is liable to be set aside and the matter be remitted back to the first respondent for fresh consideration.

7. Accordingly, this Writ Petition is allowed and the impugned order of the second respondent in Pro.Na.Ka.No.54763/2007/D4 dated 15.12.2009 is set aside and the matter is remitted to the first respondent to consider afresh, after affording opportunity to the petitioners and shall pass orders on merits and in accordance with law as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Interim Order already granted shall stands closed and consequently, connected miscellaneous petitions are closed. s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar Jvm To 1.The Director of Adi Dravidar Welfare, Chepauk, Chennai-600 005.

2.The District Adi Dravidar and Tribal Welfare Officer, Salem.

+1 CC to The Government Pleader sr 66165.

W.P.No.27420 of 2009 SJ(CO) SP(23/12/2021)