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Madras High CourtWP(MD)/20398/2019allowed

S.Jancy v. The State Govt. Of Tamilnadu

2019-09-23Honourable Ms.Justice V.M.Velumani9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)Nos.20398, 20399, 20400,20401,20402,20404,20406&20409 of 2019 and W.M.P(MD)Nos.17030, 17031, 17033, 17035, 17032, 17034, 17036, 17037, 17039, 17041, 17042, 17043, 17046, 17048, 17053 & 17055 of 2019 WP(MD).No. 20398/ 2019 S.Jancy ..Petitioner Finance Department, Secretariat, Fort St.George, Chennai-600 006 Directorate of Medical and Rural Health Service, Tenampet, Chennai-600 006.

4. The Joint Director, Medical and Rural Health Services Office, Pudukkottai ..Respondents Prayer in WP(MD).No. 20398/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari Calling for the records relating to the impugned proceedings in Letter No.4738/AB1/2019-2, dated 03.6.2019 issued by the 1st respondent and the consequential impugned circular, dated 11.7.2019 in Ref.No.Na.Ka.No.12855/Ni2/2/2018 issued by the 3rd respondent vide dated 11.7.2019 and impugned communication issued by the 4th respondent in vide Na.Ka.No.5334/Ni3/18 dated 8.8.2019 and quash the same.

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WP(MD).No. 20399/ 2019 B.Vijayalakshmi Petitioner Finance Department, Secretariat, Fort St.George, Chennai-600 006 Directorate of Medical Education, Kilpauk, Chennai-600 010 K.A.P.Viswanatham Govt Medical College Trichy ... Respondents Prayer in WP(MD).No. 20399/ 2019 : Writ Petition is filed under circular, dated 27.06.2019 in Ref.No.Na.Ka.No.82155/Ni2/5/2017 the 4th respondent in Rc.No.11035/E3/2015 dated 13.08.2019 and quash the same WP(MD).No. 20400/ 2019 P.Selvarani Petitioner

2. The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St.George, Chennai-600 006 Directorate of Medical and Rural Health Service, Kilpauk, Chennai- 600 010 2/9

K.A.P.Viswanatham Govt Medical College Trichy ... Respondents Prayer in WP(MD).No. 20400/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to circular, dated 27.6.2019 in Ref. No. Na. Ka. No.82155/Ni2/5/2017 the 4th respodnent in Rc.No.11035/E3/2015, dated 13.8.2019 and quash the same.

WP(MD).No. 20401/ 2019 K.Sumathi Petitioner Finance Department, Secretariat, Fort St.George, Chennai-600 006 Directorate of Medical Education, Kilpauk, Chennai- 600 010 K.A.P.Viswanatham Govt Medical College Trichy ... Respondents Prayer in WP(MD).No. 20401/ 2019 : Writ Petition is filed under circular, dated 27.6.2019 in Ref.No.Na.Ka.No.82155/Ni2/5/2017 issued by the 3rd respondent and impugned communication issued by the 4th respondent in Rc.No.11035/E3/2015, dated 13.8.2019 and quash the same.

WP(MD).No. 20402/ 2019 D.Felicia Glotin Reni Petitioner 3/9

Finance Department, Secretariat, Fort St.George, Chennai-600 006 Directorate of Medical Education, Kilpaukt, Chennai-600 010 K.A.P.Viswanatham Govt Medical College Trichy ... Respondents Prayer in WP(MD).No. 20402/ 2019 : Writ Petition is filed under circular, dated 27.06.2019 in Ref.No.Na.Ka.No.82155/Ni2/5/2017 the 4th respondent in Rc.No.11035/E3/2015 dated 13.08.2019 and quash the same WP(MD).No. 20404/ 2019 K.Mahoob Jahan Petitioner Secretariat, Fort St.George, Chennai-600 006 Finance Department, Secretariat, Fort St.George, Chennai-600 006 Directorate of Medical Education, Kilpauk, Chennai- 600 010 K.A.P.Viswanatham Govt Medical College Trichy ... Respondents Prayer in WP(MD).No. 20404/ 2019 : Writ Petition is filed under 4/9

circular, dated 27.6.2019 in Ref.No.Na.Ka.No.82155/Ni2/5/2017 issued by the 3rd respondent and impugned communication issued by the 4th respondent in Rc.No.11035/E3/2015, dated 13.8.2019 and quash the same.

WP(MD).No. 20406/ 2019 P.Malarkodi Petitioner Finance Department, Secretariat, Fort St.George, Chennai-600 006 Directorate of Medical and Rural Health Service, Kilpauk, Chennai- 600 010 Mahatma Gandhi Government Memorial Hospital, Trichy.

..Respondents Prayer in WP(MD).No. 20406/ 2019 : Writ Petition is filed under circular, dated 27.06.2019 in Ref.No.Na.Ka.No.82155/Ni2/5/2017 the 4th respondent in Rc.No.4097/E1/2016 dated 13.08.2019 and quash the same WP(MD).No. 20409/ 2019 P.Girija Devi ..Petitioner 5/9

Finance Department, Secretariat, Fort St.George, Chennai-600 006 Directorate of Medical and Rural Health Service, Kilpauk, Chennai-600 010 Mahatma Gandhi Government Memorial Hospital, Trichy.

..Respondents Prayer in WP(MD).No. 20409/ 2019 : Writ Petition is filed under circular, dated 27.06.2019 in Ref.No.Na.Ka.No.82155/Ni2/5/2017 the 4th respodnent in Rc.No.11035/E3/2015 dated 13.08.2019 and quash the same IN ALL CASES:

For Petitioner Mr.M.Dinesh For Respondents Mr.S.Dhayalan Govt Advocate COMMON ORDER Since the issues involved in these Writ Petitions are one and the same, these Writ Petitions are heard together and disposed of by way of this common order.

2.Heard Mr.M.Dinesh, learned counsel appearing on behalf of the petitioners and Mr.S.Dhayalan, learned Government Advocate, who accepts notice on behalf of the respondents.

3.By consent of both parties, these Writ Petitions are taken up for final disposal at the stage of admission itself. 4.These Writ Petitions are filed to quash the impugned proceedings of the first respondent, dated 03.06.2019, consequential impugned Circular of the third respondent, dated 11.07.2019 as well as the impugned communication of the fourth respondent dated 08.08.2019.

5.According to the petitioners, they participated in the process of selection as per the notification issued by the Tamil 6/9

Nadu Public Service Commission for the post of Steno Typist Grade III on 15.11.2007. The petitioners were selected and after verification of certificates, the provisional list was published by the Tamil Nadu Public Service Commission on 02.12.2008, including the names of the petitioners. The Tamil Nadu Public Service Commission issued appointment and Posting orders to the petitioners. The petitioners are discharging their duties without any blemish for the past years. The petitioners are continuing their services as Steno Typist Grade-III. The Government decided to revise the scale of pay of new recruits and appointed One Man Committee. The said committee has recommended the Government to extend the benefits to its new recruits appointed between 01.01.2006 and 31.05.2009.

The said recommendations were accepted by the Government and the Government refixed the pay of Junior Assistants / Agricultural Officers and any other similar categories, selected prior to 01.06.2009 and appointed after 01.06.2009. The said benefits were not extended to the petitioners and the petitioners made request to extend the benefit of G.O.Ms.No.340, Finance (Pay Cell) Department, dated 26.08.2010. The third respondent sought for clarification from the Tamil Nadu Public Service Commission, by the letter, dated 18.07.2018 and the Tamil Nadu Public Service Commission, by its letter dated 26.10.2018, clarified that the date of appointment of the petitioners, should be taken as 07.11.2008.

Based on the said clarification, the third respondent refixed the scale of pay of the petitioners and the revised scale of pay, was paid to the petitioners. However, the first respondent, by letter dated 03.06.2019, had withdrawn the said benefits given to the petitioners under the proceedings dated 20.12.2018, on the ground that the third respondent extended the said benefit to the petitioners and similarly placed persons without getting prior concurrence from the Finance Department.

6.All the petitioners filed Writ Petition in W.P.(MD)No.15242 of 2019, challenging the order of the first respondent dated 03.06.2019. This Court, by order dated 07.08.2019, dismissed the Writ Petition as premature with liberty to the petitioners to approach the Court, if an order of recovery is passed. 7.The third respondent, by proceedings dated 11.07.2019, instructed the fourth respondent to recover the excess amount paid to the petitioners and the fourth respondent, by order dated 08.08.2019, circulated the said order to the petitioners, which are impugned in these Writ Petitions.

8.The learned counsel appearing on behalf of the petitioners contended that the respondents, without issuing any notice, are seeking to recover the alleged excess amount paid to the petitioners. The fourth respondent has refixed the scale of pay based on the clarification issued by the Tamil Nadu Public Service Commission and revised the scale of pay is in order. The prior 7/9

concurrence from the Finance Department, is an internal and routine process, for which, the petitioners should not be penalized and prayed for allowing the writ petition.

9.The learned Government Advocate appearing on behalf of the respondents submitted that the Government Order in G.O.Ms.No.340, Finance (Pay Cell) Department, dated 26.08.2010, is not applicable to the petitioners. The same is applicable only to the employees, who are appointed on or before 31.05.2009 and the petitioners are appointed only on 02.06.2009 and the scale of pay was revised without getting concurrence from the Finance Department, which is mandatory and recovery now sought to be made is valid and prayed for dismissal of the Writ Petitions.

10.The petitioners sought extension of benefit of G.O.Ms.No.340, Finance (Pay Cell) Department, dated 26.08.2010, to them also. The same benefit was extended to them after getting clarification from the Tamil Nadu Public Service Commission and by the impugned order dated 11.07.2019, the third respondent is seeking to recover certain amount alleged to have been paid in excess to the petitioners.

11.From the impugned order, it is seen that no notice was issued to the petitioners and the alleged excess amount was not mentioned in the impugned order. Further, it is stated that if any excess amount is paid, it is to be recovered. Therefore, the impugned order dated 08.08.2019 is vague and issued without notice to the petitioners.

12.For the above reasons, the impugned orders are liable to be quashed and are hereby quashed. However, it is open to the respondents to issue notice to the petitioners, furnishing the particulars of excess amount alleged to have been paid to them and after hearing the petitioners and considering their objections, if any, pass appropriate orders on merits and in accordance with law. 13.In the result, these Writ Petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd ASSISTANT REGISTRAR ( CS II ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) To

1. The Secretary to Government,Rep. by the State of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 006. 8/9

2.The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai-600 006.

3.The Director, Directorate of Medical and Rural Health Services, Tenampet, Chennai-600 006.

4.The Director, Directorate of Medical and Rural Health Services, Kilpauk, Chennai-600 010.

5.The Joint Director, Medical and Rural Health Services Office, Pudukkottai. 1CC TO THE SPL GOVT PLEADER SR 89042, 88856 1CC TO MR. M. DINESH, ADVOCATE SR 89339 VB(21.10.2019) 9P 8C W.P(MD)Nos.20398, 20399, 20400, 20401, 20402, 20404, 20406 & 20409 of 2019 23.09.2019 9/9