Rajendiran v. The Chairperson
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH S.Rajendiran .. Petitioner in both W.P.'s vs 1.The Chairperson, Child Welfare Committee, OHSS, Ariyankuppam, Puducherry - 605 007.
2.The Welfare Officer, O/o.Observation Home and Special School, Ariyankuppam, Puducherry - 605 007.
3.The Director, Department of Women and Child Development, Housing Board Complex, (Opp. To LIC), New Saram, Puducherry -605013 .. Respondents in W.P.No.17607 of 2022 1.Union of India, Rep. by the Chief Secretary to Government, Chief Secretariat, Gubert Avenue Puducherry - 605 001.
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2.The Inspector General of Prison, WRJP & 84P, White Town, Puducherry - 605 001.
3.The Chief Superintendent of Jail, Central Prison, Kalapet, Puducherry - 605 014.
.. Respondents in W.P.No.19907 of 2022 PRAYER IN W.P.No.17607 of 2022: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 02.12.2021 and to direct the 3rd respondent to disburse the remaining amount of Rs.27,000/- to the petitioner immediately. PRAYER IN W.P.No.19907 of 2022: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the Respondents 2 and 3 to consider the petitioner's representation dated 04.04.2022 and 12.05.2022 respectively and to direct the respondents 2 and 3 to disburse the Honorarium at an early date to the petitioner as he is a Resource Person. In both W.P.'s For Petitioner : Ms.R.Kalaiyarasi For Respondents : Mr.R.Sreedhar Additional Government Pleader (Puducherry) 2/7
C O M M O N O R D E R Read in continuation of and in conjunction with order dated 08.03.2024 that reads as follows:
'Petitioner in W.P.No. 17607 of 2022 claims arrears of sitting fees in respect of various sittings in the Child Welfare Committee, Puducherry.
2. There is no dispute on the number of sitting which have been, in fact, tabulated and duly endorsed by the Welfare Officer of Union Territory of Puducherry.
3. However, the respondents aver in counter, that the sitting fees of the Chairperson and Members of CWC have been claimed as per Integrated Child Protection Scheme (ICPS) Budget for 2020 - 2021 and as approved by the Ministry of Women and Child Development, New Delhi, whereunder the Board had approved only 12 sittings for every month. Thus, they state that sittings fees would be paid for approved number of sittings alone.
4. However, it remains to be seen whether the above stipulation has been communicated to the petitioner at the time of their appointment and whether the order of the Board to the effect that Chairperson and Members would be paid only for 12 sittings has ever been brought to their notice.
5. Let an affidavit be filed by the respondents and records produced to establish the aforesaid position. Copy of the affidavit and relevant documents will be supplied to the petitioner prior to the next date of hearing.
6. As far as W.P.No.19907 of 2022 is concerned, petitioner claims that he has been engaged by the Jail Chief Superintendent to render certain administrative services. The stand of the respondents in this regard is that, at best they can only recommend payment of an honorarium for those services. Let such recommendation 3/7
be made forthwith and fate of the same be reported to the Court on the next date of hearing.
7. List on 19.03.2024.'
2.Today, the respondents circulate a copy of the guidelines issued for matters relating to Child Welfare Committees (CWC) in Puducherry, including the sitting fees of the Chairperson and Members. 3.Annexure XI dealing with Construction and Maintenance Grant and Recurring Expenditure are clear to the effect that the budget for Travelling/Meeting Allowance for honorarium to the Chairperson has been fixed at Rs.1000/- per meeting per member for 4 members (Rs.1000 X 12 meetings per month X 12 months x 4 members). 4.The amount has been enhanced to Rs.1500/- and the petitioner is stated to have been paid the honorarium at the enhanced rate of Rs.1500/- per meeting. Anything over and above the same, would be out of budget. 5.As rightly pointed out, the petitioner would have been well aware of the guidelines, particularly as he is holding the position of Chairperson of the Committee. In these circumstances, this Court does not find any cause to intervene in WP.No.17607 of 2022.
6.As far as WP.No.19907 of 2022 is concerned, proceedings bearing No.01/CM/JD/CSJ/2023-2024 dated 18.03.2024 has been issued by the Chief Superintendent of Jails, Puducherry to the Inspector General 4/7
of Prisons, Puducherry as well as the Under Secretary to Government (Home), Chief Scretariat, Puducherry, recommending honorarium to the petitioner. A copy of the same has been forwarded to the petitioner as well. Let the petitioner pursue the same with the authorities and a decision be taken in this regard within a period of sixteen (16) weeks from date of receipt of a copy of this order, after hearing the petitioner. 7.WP.No.17607 of 2022 stands dismissed and WP.No.19907 of 2022 stands disposed. No costs.
19.03.2024 Index:Yes/No Speaking Order vs To 1.The Chairperson, Child Welfare Committee, OHSS, Ariyankuppam, Puducherry - 605 007.
2.The Welfare Officer, O/o.Observation Home and Special School, Ariyankuppam, Puducherry - 605 007.
3.The Director, Department of Women and Child Development, Housing Board Complex, 5/7
(Opp. To LIC), New Saram, Puducherry -605013 4.Union of India, Rep. by the Chief Secretary to Government, Chief Secretariat, Gubert Avenue Puducherry - 605 001.
5.The Inspector General of Prison, WRJP & 84P, White Town, Puducherry - 605 001.
6.The Chief Superintendent of Jail, Central Prison, Kalapet, Puducherry - 605 014.
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DR. ANITA SUMANTH,J.
vs 19.03.2024 7/7