Tmt.Jeevabai, v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09-06-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.16191 to 16198 of 2015 Jeevabai .. Petitioner in WP 16191/2015 Padavattammal .. Petitioner in WP 16192/2015 G.Saroja .. Petitioner in WP 16193/2015 Lakshmi .. Petitioner in WP 16194/2015 Susila .. Petitioner in WP 16195/2015 Mangaammal .. Petitioner in WP 16196/2015 Muthuamma .. Petitioner in WP 16197/2015 Pachaiammal .. Petitioner in WP 16198/2015 vs 1.Government of Tamilnadu Rep. By its Secretary Social Welfare and Nutritious Meal Programme Department Fort St. George, Chennai 9 2.The Commissioner for Social Welfare Chindatripet, Chennai 2.
3.The Commissioner/Director of Integrated Child Development Services Pammal Nallathambi Street Tharamani, Chennai 113 .. Respondents 1 to 3 in all writ petitions
4.The District Project OfficerChild Development Dharmapuri .. 4th Respondent in WP 16191 to 16194 & 16198/2015 5.The District Project Officer-Child Development Krishnagiri .. 4th Respondent in WP 16195 to 16197/2015 Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the petitioners' representations dated 18.3.2015, 28.4.2015, 28.4.2015, 22.5.2015, 25.5.2015, 25.5.2015, 25.5.2015 and 20.5.2015, and increase and enhance the age of the petitioners' retirement from 60 years to 65 years as per the directions issued by the Government of India and allow the petitioners to continue their services till they attain the age of 65 years, with all consequential benefits.
For Petitioners : Mr.R.Krishnaswamy For Respondents : Mr.M.Digvijaya Pandian Additional Government Pleader COMMON ORDER By consent, all the writ petitions are taken up for final disposal.
2.The petitioners claim to be Anganwadi Employees in terms of the Integrated Child Development Scheme (in short, "ICDS"), which is a Central Government Sponsored Scheme, which came into being in the year 1975. The petitioners would state that as Anganwadi Workers, apart from carrying out about 24 types of Central Government work relating to the said scheme, they are also carrying out 10 types of work under the supervision of the second respondent and carrying out various important works pertaining to several other departments of Government of Tamil Nadu.
3.The petitioners would further state that there was no scale of pay for them before 1.1.2006, and only after that date, they are given non-standardized scale of pay and grade pay and it is meagre compared to the status of other employees of the Government of Tamil Nadu. The grievance expressed by the petitioners, is that the age of retirement fixed for the post of Supervisor Grade-II, which is a promotional post from the post of Main Anganwadi Worker, is 58 years; but, the age of retirement for the post of Main Anganwadi Worker is 60 years, which was raised vide order dated 3.12.1991, and it was also clarified on 6.7.2001. The Government of India has raised the age of retirement for Anganwadi Workers to 65 years vide proceedings dated 1.3.2003, and directed all the State Governments to uniformly fix the age of retirement for Anganwadi Workers as 65 years
and though the Government of Tamil Nadu has received the said communication, they continue to maintain the age of retirement only as 60 years in stead of 65 years. The petitioners, in this regard, had submitted individual representations praying for enhancement of the retirement age from 60 years to 65 years, and they have not been favoured with any response and in the interregnum, they are being retired on attainment of the age of 60 years and hence, came forward to file these writ petitions.
4.Heard the submissions of Mr.R.Krishnaswamy, learned Counsel appearing for the petitioners, and Mr.M.Digvijaya Pandian, learned Additional Government Pleader, who accepted notice for the respondents.
5.This Court, taking into consideration the limited scope of prayer sought for by the petitioners, directs the first respondent to consider and dispose of the petitioners' representations dated 18.3.2015, 28.4.2015, 28.4.2015, 22.5.2015, 25.5.2015, 25.5.2015, 25.5.2015 and 20.5.2015 respectively, praying for enhancement of age of retirement from 60 to 65 years for Main Anganwadi Workers, as expeditiously as possible and not later than ten weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioners. All the writ petitions are disposed of accordingly. No costs.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar To:
1.The Secretary to Government Social Welfare and Nutritious Meal Programme Department Fort St. George, Chennai 9 2.The Commissioner for Social Welfare Chindatripet, Chennai 2.
3.The Commissioner/Director of Integrated Child Development Services Pammal Nallathambi Street Tharamani, Chennai 113 4.The District Project OfficerChild Development Dharmapuri
5.The District Project Officer-Child Development Krishnagiri +1 cc to Government Pleader,SR.28082 +7 cc's to Mr.v.Ajoykhose , Advocate,SR.27786 to 27792. vsn krd 19/6 W.P.Nos.16191 to 16198 of 2015