A.Krishnan, v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.02.2015
CORAM:
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.34299 of 2014 1 A.Krishnan 2 V.Ramanathan 3 R.Manickam 4 P.Dhrsis 5 A.Raju 6 V.Vaiyapuri 7 K.Rajagopal 8 M.Saptharisi 9 C.Manickam 10 T.N.Gunasekaran 11 R.P.Natarajan 12 A.Dhanasekaran 13 P.Ramachandran 14 C.Palanisamy 15 M.S.Kolandaisamy 16 P.M.Kandasamy 17 S.Rasmasamy 18 C.Arumugam 19 V.Dhandapani 20 S.Veerappan 21 R.Vaithilingam 22 N.Balaviswanatha Guptha 23 V.P.Arumugam 24 L.Govindan 25 R.Rengannan 26 N.Palanisamty 27 P.R.Sengodan 28 P.Periya Thambi 29 A.Subanaidu 30 S.C.Rajamanickam
...Petitioners
Vs 1 The Government of Tamilnadu rep. by its Secretary to Government Rural Development and Panchayat Raj Department Fort St. George Chennai-9
2 The Commissioner of Rural Development & Panchayat Raj Panagal Building Saidapet Chennai-15 3 The District Collector (PD Section) Salem District Salem 4 The District Collector (PD Section) Namakkal District Namakkal ...Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus directing the respondents to extent the benefits contained in G.O.P No.123 Rural Development and Panchayat Raj (E6) Department dated 7.3.2012 by counting the services rendered by the petitioners in the post of Special Temporary Post Rural Welfare officer Grade I for the purpose of further promotion and grant notional benefits and consequently pay arrears of salary and other pensionary benefits. For Petitioner :
Mr.V.Suthakar For Respondents :
Mr. M.S.Ramesh Additional Government Pleader
O R D E R
The petitioners are all retired Government Servants. They have served in Rural Development Department in various capacities and thereafter retired.
2. It is the grievance of the petitioners that they have not been given the benefits of the services rendered by them in the post of Special Temporary Rural Welfare Officer Grade- I in spite of extending the benefits to certain others, pursuant to the orders passed by this Court.
3. This Court earlier passed an order dated 04.2.2008 in WP.No.15194 of 2006 directing the respondents to count earlier services rendered in Special Temporary Post Rural Welfare Officer Grade -I with effect from 01.10.1978. The said order issued in the case of K.Senthilvel vs. The District Collector, Dindigul Anna District, Dindigul was complied with by the respondent by issuing Government Order in G.O.(P) No.123, Rural Development and Panchayat Raj (E6) Department, dated 07.3.2012. The Government maintained that the order was issued in respect of certain individuals and others would not be given the benefits of the said
order. Thereafter, this Court passed another order in WP.No.10993 of 2013 on 04.9.2014 in tune with the earlier order dated 04.2.2008 in WP.No.15194 of 2006. The petitioners are also similarly situated. The petitioners seek similar orders to direct the respondents to count earlier services rendered by them in the post of Special Temporary Rural Welfare Officer Grade- I.
4. The third respondent in his counter affidavit contended that earlier orders were in personam and as such, no reliance can be placed on the said order for claiming similar benefits.
5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader on behalf of the respondents.
6. The Government appears to have not considered the representation submitted by the petitioners on the ground that earlier order counting the past services rendered in the post of Special Temporary Rural Welfare Officer Grade I, was given to an employee pursuant to the order passed by this Court.
7. The question is whether the third respondent is correct in his contention that the benefit would be confined to one person and even if others are entitled to, the same would not be given to them in spite of their eligibility.
8. The Hon`ble Supreme Court in MAHARAJ KRISHAN BHATT AND ANOTHER V. STATE OF JAMMU AND KASHMIR ( 2008) 9 SCC 24) held that when a proposition of law is accepted and a decision is taken, the benefit of such decision should be given to all the similarly situated persons.
9. The respondents have already extended the benefit of past services to certain employees. The petitioners are also similarly situated. Their cases also should be considered in the light of the earlier Government Order in G.O.P No.123 Rural Development and Panchayat Raj (E6) Department dated 07.3.2012.
10. In the result, a writ in nature of a writ of mandamus is issued directing the first respondent to dispose of the petitioners' representation for counting past services rendered in the post of Special Temporary Rural Welfare Officer Grade - I, in the light of the earlier Government Order in G.O.(P)No.123 Rural Development and Panchayat Raj (E6) Department dated 07.3.2012. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
11. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ga To 1 The Secretary to Government The Government of Tamilnadu Rural Development and Panchayat Raj Department Fort St. George Chennai-9 2 The Commissioner of Rural Development & Panchayat Raj Panagal Building Saidapet Chennai-15 3 The District Collector (PD Section) Salem District Salem 4 The District Collector (PD Section) Namakkal District Namakkal 1 CC to Mr.V.Suthakar, Advocate SR.No. 11061 1 CC to the Government Pleader, SR.No. 10852 W.P.No.34299 of 2014 NM (CO) PSI (19.03.2015)