Madras High Court
V.Jothi vs The Joint Commissioner [St][Fac on 23 April, 2021
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, &
787/2021 &
CMP.Nos.4129,4182,4189,4114,4091,4094,4122,4125,4092,4095,4101,410
2,2111&4112/2021
V.Jothi .. Appellant in
WA.No.765/2021
A.Krishnaveni .. Appellant in
WA.No.767/2021
M.Govindasamy .. Appellant in
WA.No.768/2021
V.Dhanalakshmi .. Appellant in
WA.No.769/2021
D.Padma .. Appellant in
WA.No.772/2021
A.Devika .. Appellant in
WA.No.773/2021
1
https://www.mhc.tn.gov.in/judis/
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
L.Gangadevi .. Appellant in
WA.No.776/2021
V.Sivakumar .. Appellant in
WA.No.777/2021
S.Thilshat Begam .. Appellant in
WA.No.778/2021
J.Valarmathi .. Appellant in
WA.No.779/2021
R.Jeeva .. Appellant in
WA.No.781/2021
L.Vijayalakshmi .. Appellant in
WA.No.783/2021
M.P.Vijaya .. Appellant in
WA.No.786/2021
C.Amuthavalli .. Appellant in
WA.No.787/2021
Versus
The Joint Commissioner [ST][FAC]
Vellore State Tax Division,
Vellore. .. Respondent
in all Writ Appeals
Common Prayer:- Writ Appeals filed under Clause 15 of the Letters Patent
against the common order dated 27.07.2020 made in WMP.Nos.11796,
11799, 11790, 11779, 11800, 11776, 11781, 11803, 11809, 11804, 11792,
11812, 11810 & 11772/2020 in WP.Nos.9677, 9678, 9672, 9661, 9679,
9655, 9662, 9680, 9685, 9683, 9675, 9690, 9687 and 9649/2020.
https://www.mhc.tn.gov.in/judis/
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
For Appellants in
all Writ Appeals : Mr.J.Pooventhera Rajan
For Respondent in
all Writ Appeals : Mrs.A.Srijayanthi
Special Government Pleader
COMMON JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,
through Video Conferencing]
1. By consent, all the writ appeals are taken up for final disposal and is
disposed of by this common judgment.
2. Mrs.A.Srijayanthi, learned Special Government Pleader accepts
notice on behalf of the respondent.
3. The present writ appeals are preferred against the common interim
order passed pending disposal of the writ petitions filed by the
appellants/writ petitioners.
4. It appears from the materials placed that the writ
petitioners/appellants were in the services of the Tamil Nadu Khadi
Board and since the said Board started incurring losses, an exercise
was done which resulted in a finding that there were 378 staffs in
https://www.mhc.tn.gov.in/judis/
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
excess. Therefore, a decision has been taken to absorb them in other
Government / Public Sectors / Corporation / Autonomous Bodies and
the Government of Tamil Nadu has issued an order in
G.O.Ms.No.154, Handloom, Handicrafts, Textiles and Khadi [F2]
Department dated 21.11.2009, framing very many guidelines for
absorption of the excess staffs in Khadi Board into other Departments
and it is also made very clear that the excess staffs of the Khadi Board
who were absorbed and accommodated in the other Departments, will
be treated as a fresh/new appointees and they will be provided with
pay protection and while calculating pensionary benefits, it shall also
be taken into consideration.
5. The grievance expressed by the appellants/writ petitioners is that,
alleging that the benefit of Special Grade Pay has been conferred
wrongly, show cause notices were issued for recovery of excess
amount for which, they have submitted their response and vide
impugned orders dated 23.03.2020 and 30.05.2020 respectively, their
representations came to be rejected and consequently, refixation of
pay with a consequential order for recovery, has been made.
https://www.mhc.tn.gov.in/judis/
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
6. The primordial submission made by the learned counsel for the
appellants/writ petitioners is that for no fault of the appellants/writ
petitioners, the alleged excess amount in the form of Special Grade
Pay had been paid and by applying White Washer's case reported in
2015 [4] SCC 334 [State of Punjab and Others V Rafiq Masih and
Others], the alleged excess amount ought not to have recovered from
them and however, the learned Single Judge in the impugned interim
order in WP.Nos.9677, 9678, 9672, 9661, 9679, 9655, 9662, 9680,
9685, 9683, 9675, 9690, 9687 and 9649/2020 and WMP.Nos.
11796, 11799, 11790, 11779, 11800, 11776, 11781, 11803, 11809,
11804, 11792, 11812, 11810 & 11772/2020 dated 27.07.2020, has
ordered the recovery and it shall be kept in a separate account and
further made it clear that in case, the writ petitioners succeed in the
writ petitions, the amount shall be returned to the writ petitioners
together @ 12% per annum. It is also the submission of the learned
counsel for the appellants that since the appellants/writ petitioners are
earning meagre salary, recovery and refixation would definitely cause
irreparable loss and hardship to them and hence, prays for
https://www.mhc.tn.gov.in/judis/
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
modification of the interim by granting absolute stay of the impugned
orders, which are the subject matter of challenge in the writ petitions.
7. Per contra, Mrs.A.Srijayanthi, learned Special Government Pleader
appearing for the respondent in the writ appeals would submit that
since the interim order is a discretionary order and that the learned
Judge has also protected the interest of the writ petitioners/appellants,
interference may not be warranted by this Court in exercise of its
appellate jurisdiction.
8. This Court has carefully considered the rival submissions and also
perused the materials placed before it.
9. A perusal of the Government Orders, especially, G.O.Ms.No.152,
Handlooms, Handicrafts, Textiles and Khadi [F1] Department dated
12.07.2012 would prima facie indicate that the excess staffs who
were in the services of the Tamil Nadu Khadi Board were absorbed
subject to conditions and one such condition is that they should be
treated as a fresh entrants and pay protection to a certain limited
extent for pensionary benefits have been granted.
https://www.mhc.tn.gov.in/judis/
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
10. No doubt, some mistake was committed by paying the Special Grade
Pay and having found out the same, show cause notices were issued
to them, for which they have also responded and by taking into
consideration of the same, the impugned orders of refixation and
recovery came to be passed. The legality of such orders have to be
gone into in the writ petitions and therefore, this Court is not inclined
to make any observations/findings in this regard.
11. Be that as it may, the impugned common interim order is the outcome
of the discretionary exercise by the learned Single Judge and in the
process, protection has also been afforded to the appellants/writ
petitioners to keep the recovered excess amount in a separate account
and in the event they succeed in the writ petitions, it should be repaid
to them @ 12% interest per annum.
12. In the considered opinion of the Court, the interest of the
appellants/writ petitioners have been protected and as such, no
interference is warranted.
13. In the result, the writ appeals are dismissed confirming the impugned
common order dated 27.07.2020 made in WP.Nos.9677, 9678, 9672,
9661, 9679, 9655, 9662, 9680, 9685, 9683, 9675, 9690, 9687 and
9649/2020 and WMP.Nos. 11796,11799,11790,11779, 11800, 11776,
11781, 11803, 11809, 11804, 11792, 11812, 11810 & 11772/2020.
https://www.mhc.tn.gov.in/judis/
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
No costs. Consequently, connected miscellaneous petitions are
closed.
14. The Registry is directed to accord priority for early disposal of the
writ petitions.
[MSNJ] [PRMJ]
23.04.2021
AP
Internet: Yes
To
The Joint Commissioner [ST][FAC]
Vellore State Tax Division,
Vellore.
https://www.mhc.tn.gov.in/judis/
WA.Nos.765, 767, 768, 769, 772, 773, 776, 777, 778, 779, 781, 783, 786, & 787/2021
M.SATHYANARAYANAN, J.,
AND
P.RAJAMANICKAM, J.,
AP
WA.Nos.765, 767, 768, 769, 772, 773,
776, 777, 778, 779, 781, 783, 786, & 787/2021
23.04.2021
https://www.mhc.tn.gov.in/judis/
