Ganeshpandian .S v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA 1.S.Ganeshpandian 2.R.Pandiammal 3.K.Sivakami 4.Revathy 5.D.Guruvammal 6.K.Ramalakshmi 7.M.Jegatha 8.P.Poojaimani 9.P.Panju 10.N.Panjavaranam 11.P.Backiyalakshmi 12.T.Lakshmi 13.N.Veeranan 14.S.Suloksana 1/12
15.A.Pitchai 16.P.Vanisri 17.M.Rani 18.A.Shanthi 19.K.Muthurakku 20.G.Palaniyammal 21.V.Seeniyammal 22.U.Rakku 23.R.Murugalakshmi 24.K.Mookammal 25.P.Parvathy 26.N.Kavitha 27.S.Manjamalai 28.A.Thenmozhi 29.G.Aayi 30.P.Duraipandi 31.P.Raja 32.V.Sumathi 33.N.Subbulakshmi 34.M.Kannan 2/12
35.M.Kannan 36.R.Kannan 37.R.Srinivasaramanan 38.P.Anbarasan 39.A.Balaguru 40.A.Muthukumar 41.P.Shankar 42.R.Muthukumar 43.N.Ramkumar 44.C.Karuppiah 45.B.Kamaladevi 46.T.Thiruselvi 47.R.Rajkumar 48.V.Pandiyaraj 49.M.Selveganesh 50.K.Senthilkumar 51.S.Muthumani Raja 52.D.Nagaraj 53.G.Ramar 54.M.Mahamuni 3/12
55.K.Mookaiya 56.M.Sundaravalli 57.T.Ramesh 58.M.Muthuvel 59.P.Valividumurugan 60.V.Logeswaran 61.U.Boominathan 62.R.Muniswaran 63.K.Muthukumaresan 64.N.Krishnakumar 65.P.Deivanai 66.M.Balamurugan 67.K.Manickam 68.M.Hema 69.N.Subathra 70.J.Bala Thandayuthapani 71.S.Manikandan 72.K.Sangu Jothi 73.K.Gunasekaran 74.P.Rajagopal 4/12
75.P.Nagarajan 76.B.Ravi 77.P.Sathish 78.D.Pugalenthi Jeyaprakasam 79.P.Aravinthan 80.M.Alagumurugan 81.D.Nagarajan 82.R.Sathiskannan 83.N.Sudarsan 84.P.Sasikumar ... Petitioners Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary, Public Works Department, Fort St.George, Secretariat, Chennai - 600 009.
2.The Principal Secretary, Finance Department, Fort St.George, Secretariat, Chennai - 600 009.
3.The Principal Secretary to the Government, Health and Family Welfare Department, Chennai.
4.The Chief Engineer (In Chief), Public Works Department, Chennai.
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5.The Chief Engineer (Maintenance), Public Works Department, Madurai.
6.The Executive Engineer, Public Works Department, High Court Division, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to regularize the service of the petitioners as permanent employees in their respective posts with all attendant, monetary and service benefits in the light of the petitioner's representation dated 26.03.2024 within a reasonable time to be determined by this Court.
For Petitioners : Mr.N.Dilip Kumar For Respondents : Mr.J.Ashok Additional Government Pleader
O R D E R
The Petitioners, who were engaged by the Public Work Department to discharge duties in the campus of Madurai Bench of Madras High Court, had filed this Writ Petition seeking direction against the respondents to regularize the service of the petitioners as permanent employees in their respective posts with all attendant, monetary and service benefits in the light of the petitioners' representation dated 26.03.2024 within a reasonable time. 6/12
2. In the earlier Writ Petition in W.P.(MD).No.24081 of 2018 dated 31.01.2019, the following directions have been issued: "28. We issue the following directions:
(1) We direct the State of Tamil Nadu to follow strictly the law laid down by the Hon'ble Supreme Court in State of Punjab and others vs. Jagjit Singh and Others [2017(1) SCC 148] and Sabha Shanker Dube vs. Divisional Forest Officer and others [2018(14) Scale 765] that daily wage employees, casual and contract employees are entitled to draw wages at the minimum of the pay scales, which are applicable to the similarly placed regular employees.
(2) In order to comply with the law laid down by the Hon'ble Supreme Court by upholding the principle 'equal pay for equal work', (a) We direct the Public Works Department to pay wages to the NMRs, daily wage employees, temporary employees and casual workers at the minimum of the pay scale, which are applicable to the regular employees holding the same post across the State.
(b) The Public Works Department is directed to pay the salary of sweepers employed by the High Court and the State viz., Rs.18,843/- to the NMRs both civil and electrical including radio section/wing across the State with effect from 01 February, 2019. In short, the NMRs, daily rated, casual and temporary workers across the State must be paid Rs.18,843/- per month as wages, which is the present 7/12
salary of a sweeper/scavenger in the State Government service and the High Court service.
(c) We direct the first respondent to issue a Government order on or before 22 February, 2019 sanctioning the minimum scale of pay to the NMRs irrespective of classification, daily wage employees and casual workers across the State, which should be the pay scale of the sweeper/scavenger in Government/High Court service. (d) We direct the fourth respondent to issue a Government Order prescribing the wage structure of temporary/casual/daily wage employees of all the Corporations, Municipalities and Panchayats across the State, taking into account the pay scale of regular employees under the respective Local Body, by 22 February, 2019.
(e) We direct the State to dispense with the present practice of engaging NMRs through Contractors. The Public Works Department must maintain a register containing the names of NMR, casual, temporary and daily wage employees. (f) The salary shall be credited by RTGS/ECS in the respective account of the NMR/casual/temporary/daily wage employees.
(g) The Government must introduce Bio-metric system for recording the attendance of NMRs and other daily rated/temporary workers across the State as expeditiously as possible. Insofar as the High Court Bench at Madurai is concerned, Bio-metric system shall be introduced with 8/12
effect from 01 April, 2019.
(h) We direct the State to establish a full-fledged 24x7 dispensary/hospital inside the Campus of the High Court Bench at Madurai. The building for the Hospital should be constructed in such a way that even the local people must be in a position to avail the medical facilities from the said hospital. We direct the respondent No.15 to pass appropriate orders in the matter on or before 22 February, 2019.
(i) We direct the State to establish a separate wing for the maintenance of the High Court Bench at Madurai under an Executive Engineer, whose office must be constructed and located inside the Campus.
(j) We direct the Engineer-in-Chief, Public Works Department, to approve the proposal dated 14 December, 2018 submitted by the Public Works Department, Madurai, for changing the head of account as "Judges Bungalow wages" on or before 22 February, 2019.
3. Mr.N.Dilip Kumar, learned counsel for the petitioners submitted that the petitioners have been working for more than 10 years and their services ought to be regularized. He further submitted that several other similarly placed casual labours/NMRs have got their services regularized by virtue of various Government Orders passed in this regard from time to time. One such instance 9/12
was shown by citing the Government Order in G.O(Ms)No.22, (P&AR) Department, dated 28.02.2006. However, the respondents have not passed any similar Government Order or framed any scheme in respect of the petitioners who had rendered services for more than decades.
4. Since the petitioners had given representation and the same has not been considered so far, the respondents are directed to consider the same in the light of the earlier such instances where the Government had taken a policy decision and had issued suitable Government orders and pass appropriate orders in accordance with law and on its own merits within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. No costs. 02.04.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 10/12
To 1.The Principal Secretary, The State of Tamil Nadu, Public Works Department, Fort St.George, Secretariat, Chennai - 600 009.
2.The Principal Secretary, Finance Department, Fort St.George, Secretariat, Chennai - 600 009.
3.The Principal Secretary to the Government, Health and Family Welfare Department, Chennai.
4.The Chief Engineer (In Chief), Public Works Department, Chennai.
5.The Chief Engineer (Maintenance), Public Works Department, Madurai.
6.The Executive Engineer, Public Works Department, High Court Division, Madurai.
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R.N.MANJULA, J.
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