L.Palani v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.09.2025 Coram:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and W.M.P.No.36273 of 2025 --
1. L.Palani
2. R.Thirupathi
3. S.Karunanidhi
4. T.Marikannu
5. T.Ramamoorthy
6. R.Pandian
7. M.Venkatesan
8. S.Venkataraman
9. S.Amutha
10. P.Renuga
11. L.Rajan .. Petitioners Vs.
1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Director of Adi Dravidar Welfare, Ezhilagam, Chepauk, Chennai-600 005.
3. The Director of Tribal Welare, Ezhilagam, Chepauk, Chennai-600 005.
4. The District Adi Dravidar and Tribal Welare Officer, 1 / 6
Dharmapuri District, Dharmapuri.
5. The Project Officer, Dharmapuri, Dharmapuri District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to pass orders for grant of regular time scale of pay for the petitioners in the post of Cook from the date of initial appointment in the year 2006 and 2007 on par with other similarly placed Cooks appointed in Adi Dravidar and Tribal Welfare Department in other Districts, viz., Salem District, Namakkal District, etc., in consideration of representation submitted by the petitioners within a time frame to be fixed by this Court.
For petitioners : Mr.S.Nedunchezhiyan For respondents: Mr.S.Yashwant, Addl.G.P.
ORDER
The petitioners have filed the present Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to pass orders for grant of regular time scale of pay for the petitioners in the post of Cook from the date of initial appointment in the year 2006 and 2007 on par with other similarly placed Cooks appointed in Adi Dravidar and Tribal Welfare Department in other Districts, viz., Salem District, Namakkal District, etc., in consideration of representation submitted by the petitioners within a time frame to be fixed by this Court. 2 / 6
2. The permission of the petitioners to join together and file a single Writ Petition is ordered in W.M.P.No.36273 of 2025.
3. The petitioners belong to the Scheduled Caste community and from economically weak backgrounds. They were duly selected through the Employment Exchange and appointed as Cooks in the Adi Dravidar and Tribal Welfare Department, Dharmapuri District in 2006 and 2007 on consolidated pay of Rs.850/- per month. While similarly placed Cooks appointed in the other Districts during the same period, were granted regular time scale of pay from their date of appointment and the petitioners were denied such benefit, amounting to discrimination. Despite orders in the earlier Writ Petitions, directing consideration of their claim in the light of Government circular, dated 23.03.2006, no relief was granted. Subsequently, G.O.Ms.No.25, dated 25.02.
2011 was passed regularising 330 Cooks, but they were granted time scale of pay only from the date of Government Order. The petitioners have repeatedly sought parity with similarly placed Cooks in the other Districts, who received the time scale of pay from their initial appointment, including through W.P.No.21746 of 2023, which directed a decision on merits. However, their claim was rejected on 19.09.2023 by the fifth respondent, who lacked competence to decide the matter. The petitioners seek a direction to the first respondent/State Government to amend G.O.Ms.No.
of their initial appointment.
4. Learned counsel for the petitioners submitted that their case is similar to that of the petitioners in W.P.No.21746 of 2023 and this Court, by order dated 21.07.2023, while disposing of the said Writ Petition, directed the Project Officer therein to consider the representation of the petitioners therein and pass orders on its own merits within a period of two months from the date of receipt of a copy of this order.
5. The respondents cannot keep the representation of the petitioner without answering the same and without replying the same. Hence, the respondents are directed to consider the said representation of the petitioners and pass orders on the same, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
6. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. 01.09.2025 cs 4 / 6
To
1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Director of Adi Dravidar Welfare, Ezhilagam, Chepauk, Chennai-600 005.
3. The Director of Tribal Welare, Ezhilagam, Chepauk, Chennai-600 005.
4. The District Adi Dravidar and Tribal Welare Officer, Dharmapuri District, Dharmapuri.
5. The Project Officer, Dharmapuri, Dharmapuri District.
5 / 6
A.D.JAGADISH CHANDIRA, J cs 01.09.2025 6 / 6