The State Of Tamil Nadu v. M.Velusamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2025 CORAM :
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN AND THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
1. The State of Tamil Nadu rep by its Principal Secretary to Government Department of Higher Education Fort St.George, Secretariat Chennai 600 009
2. The Director of Collegiate Education Directorate of Collegiate Education 9th Floor, EVK Sampath Maligai College Road, Chennai 600 006
3. The Joint Director Scheme and Development Directorate of Collegiate Education 9th Floor, EVK Sampath Maligai College Road, Chennai 600 006
4. The Principal Government Arts and Science College Aandipatti - 625 512 Theni District ..
Appellants v.
M.Velusamy ..
Respondent Memorandum of Grounds of Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 26.03.2024 passed in W.P.No.21788 of 2021.
For Appellants ::
Mr.D.Ravichandar Special Government Pleader For Respondent ::
Mr.M.R.Jothimanian
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN,J.) We see no reason to interfere with the order of the learned single Judge.
2. Admittedly, the respondent was working on a daily wage basis as Sweeper cum Scavenger in the constituent Arts College run by the Madurai Kamaraj University between 04.04.2005 and 31.10.2012. Thereafter, he was appointed as Sweeper cum Watchman on a consolidated pay from 01.11.2012. The said college was taken over by the Government and was rechristened as Government Arts and Science College, Andipatti. The respondent sought for fixation of regular time scale of pay. The said request
was rejected, relying upon G.O.(Ms.)No.385, Finance (Pay Commission) Department dated 01.10.2010, on the ground that the respondent has not completed three years of service in the Government or in Government department.
3. The writ Court found that the reliance placed upon G.O.(Ms.)No.385 is completely misconceived. The writ Court relied upon G.O.(Ms.)No.36, Higher Education Department dated 28.02.2019, which provides for job protection to persons working in such constituent colleges and universities, which were taken over by the Government, till such time a new appointment is made. Admittedly, till date, no new appointment has been made or new vacancies have been identified.
4. It is stated that the respondent has been working in the same capacity on a consolidated pay even now. The writ Court considered the impact of G.O.(Ms.)No.36 and concluded that the respondent would be entitled to special time scale of pay. The order of the writ Court only recognises the eligibility of the respondent to get special time scale of pay,
on the strength of the job protection afforded to him under G.O.(Ms.)No.36 dated 28.02.2019. Hence, we see no reason to interfere with the order. The Government is granted eight weeks time to comply with the order of the learned single Judge. The writ appeal is, accordingly, dismissed. Consequently, C.M.P.No.10621 of 2025 is also dismissed. No costs. Index : yes/no (R.S.M.,J.) (K.G.T.,J.) 09.06.2025 ss To
1. The Principal Secretary to Government Department of Higher Education Fort St.George, Secretariat Chennai 600 009
2. The Director of Collegiate Education Directorate of Collegiate Education 9th Floor, EVK Sampath Maligai College Road, Chennai 600 006
3. The Joint Director Scheme and Development Directorate of Collegiate Education 9th Floor, EVK Sampath Maligai College Road, Chennai 600 006
4. The Principal Government Arts and Science College Aandipatti - 625 512 Theni District
R.SUBRAMANIAN,J.
AND K.GOVINDARAJAN THILAKAVADI,J.
ss 09.06.2025