Madras High Court
The Assistant Radio Engineer vs P.S.Syed Abdulla Sheriff on 27 July, 2021
W.A.(MD)No.1269 of 2021
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1269 of 2021
and
CMP (MD) No.5320 of 2021
The Assistant Radio Engineer,
Radio – Sub Division,
Assistant Radio Engineer Office,
Public Works Department,
Madurai - 625 002. ... Appellant
Vs.
P.S.Syed Abdulla Sheriff ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act,
praying against the order dated 23.09.2020 passed in W.P.(MD) No.
5614 of 2020, on the file of this Court.
For Appellant : Mr.R.Baskaran
Standing Counsel for Government
For Respondent : Mr.V.Thirumal
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W.A.(MD)No.1269 of 2021
JUDGMENT
*************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up
for final disposal.
2.Heard Mr.R.Baskaran, learned Standing Counsel for
Government appearing for the appellant and Mr.V.Thirumal,
learned Counsel appearing for the respondent.
3.This Writ Appeal is directed against the order in W.P.
(MD)No.5614 of 2020 dated 23.09.2020.
4.The case has had a checkered history, where the
respondent / writ petitioner had been relentlessly pursuing his
claim for regularisation. The writ petitioner approached the Tamil
Nadu Administrative Tribunal and filed O.A.No.2273 of 2000
praying for a direction to the respondents to treat the services
rendered by him from the date of initial employment from June
1991 as a continuous one and consequently, regularise his service.
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W.A.(MD)No.1269 of 2021
5.The undisputed fact is that the writ petitioner was
appointed as N.M.R. in the office of the Superintending Engineer,
E.S.I. Engineering Circle, Public Works Department, Chennai and
as a Helper for assisting Engineer Technicians and he was paid
Rs.25/- per day. The writ petitioner approached the Tribunal stating
that his continuous service should be reckoned and he should be
regularised. After the abolition of the Tribunal, the case stood
transferred to the Principal Seat of this Court and numbered as
W.P.No.40552 of 2006. The said writ petition was disposed of by
order dated 13.08.2010, by observing that the writ petitioner is in
continuous employment since 1988 till 2010 and his name was
directed to be included in the proposal and the case should be
considered under G.O.Ms.No.134 dated 07.05.2010, in and by
which, the Government took a policy decision to regularise the
services of the N.M.R. candidates and more than 746 N.M.R.
employees of the Public Works Department were regularised by
relaxing the rule relating to age, method of recruitment and
educational qualification, wherever required.
6.Pursuant to the direction issued, the authorities of the
appellant department positively recommended the case of the writ
petitioner and ultimately the Government in G.O.(2D).No.45, Public
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W.A.(MD)No.1269 of 2021
Work (2) Department dated 10.07.2017, regularised the services of
the petitioner with effect from 01.01.2003, retrospectively,
thereafter, with monetary benefits from the date of issue of the
Government Order as done in G.O.Ms.No.134 dated 07.05.2010.
The petitioner sought for appointment to the post of Technical
Assistant by transfer. Since the same was not considered, he filed a
writ petition in W.P.(MD)No.22648 of 2019. The said writ petition
was disposed of by order dated 24.10.2019, to consider the
petitioner's representation dated 09.09.2019 and pass orders in
accordance with law. Since, the said order was not complied with,
the petitioner sent a Contempt notice dated 12.02.2020.
Immediately thereafter, an order was passed on 26.02.2020,
proposing to recover alleged excess payment of salary and other
benefits granted to the petitioner for the period from 01.01.2003 to
29.02.2020, on the ground that the writ petitioner suffered break in
service from 01.01.2003 to 20.08.2017 and thereafter, this order
was put to challenge in W.P.(MD)No.5614 of 2020 and the writ
petition has been allowed by the impugned order.
7.We have carefully considered the findings recorded by the
learned Single Bench and we fully subscribe to the view taken.
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W.A.(MD)No.1269 of 2021
8.The order of regularisation was specific to the effect that
the writ petitioner would be regularised notionally from 01.01.2003
and monetary benefits from 21.08.2017. If such is the position,
pursuant to G.O.(2D)No.45, which was passed by taking into
consideration the recommendation of the Chief Engineer and the
Engineer-in-Chief of the appellant department, the department
cannot now reverse its stand and allege that excess payment has
been made not knowing the important fact that benefit was only
granted notionally.
9.We are in full agreement with the findings recorded by the
learned Single Bench in paragraphs 23 to 26 of the impugned order
and find no grounds to interfere with the said order. Accordingly,
the Writ Appeal fails and the same is dismissed. However, there
shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
27.07.2021
Index : Yes / No
Internet: Yes / No
MR
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1269 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
JUDGMENT MADE IN
W.A.(MD)No.1269 of 2021
27.07.2021
https://www.mhc.tn.gov.in/judis/
