Chandrasekar v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Chandrasekar ... Petitioner in W.P.
No.14604 of 2024 Arunraj ... Petitioner in W.P.
No.14605 of 2024 Sakthivel ... Petitioner in W.P.
No.14606 of 2024 Vs.
The Tahsildar Madurantagam Taluk, Chengalpet District.
... Respondent in all W.Ps.
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent in Na.Ka.No.548/2024/A7, Na.Ka.No.546/2024/A7 and Na.Ka.No. 547/2024/A7 respectively, dated 12.02.2024 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to pay the salary and other service benefits for the period during with an order of stay in W.P.No.2287/2023 was in operation i.e., between 01.02.2023 and 18.07.2023.
In all W.Ps.
For Petitioner : Mr.V.Srimathi For Respondent : Mr.G.Velu Additional Government Pleader
COMMON ORDER These writ petitions have been filed challenging the orders passed by the respondent dated 12.02.2024, thereby regularizing the petitioners service and denied the salary for the period from February, 2023 to July 2023.
2.
The petitioner in all the petitions were appointed as Village Assistant in Chengalpet District as per the notification dated 10.10.2022, issued by the respondent to fill up 24 vacancies in which, 6 vacancies were reserved for compassionate appointment and remaining 18 vacancies would be filled by way of communal rotation. However, their appointment was challenged before this Court by way of writ petition in W.P.No.2278 of 2023 and obtained interim order by the non-selected candidates. In view of the interim order passed by this Court, the petitioners did not work in their post. Thereafter, the said writ petition, filed by the non-selected candidates, was dismissed by an order dated 18.07.2023. After dismissal of the writ petition, the service of the petitioners was regularized. However, the petitioner were denied salary for the period in which the petitioners were not working on account of the interim order passed by this Court. Hence, the petitioners filed the present
writ petitions.
3.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.
It is seen that in view of the interim order passed by this Court, the petitioners did not work in their post as Village Assistant. After dismissal of the writ petition filed by the non-selected candidates, they were permitted to work and their service was also regularized. Therefore, on the principle of "no work, no pay", the petitioners are not entitled for salary for the period in which, they were not working as Village Assistant. However, the said period can be considered for continuity of service and other purposes.
5.
Accordingly, all the Writ Petitions stand dismissed. There shall be no orders as to costs.
22.07.2024 Index : Yes/No Speaking/Non Speaking order rts
G.K.ILANTHIRAIYAN. J, rts To The Tahsildar Madurantagam Taluk, Chengalpet District.
22.07.2024