Madras High Court
Tamil Nadu Education Department ... vs The State Of Tamil Nadu on 4 July, 2022
W.P.No.16792 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.16792 of 2022
Tamil Nadu Education Department Conservancy
Workers Welfare Association,
Rep.by its President, Mr.G.Murugan,
5th Ward Palanisamy Street, Keripatti Post,
Athur Taluk, Salem District. ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by the Secretary to Government,
School Education Department,
Fort St. George, Chennai 600 009.
2. The State of Tamil Nadu,
Rep. by the Secretary to Government,
Department of Finance (Salary Section),
Fort St. George, Chennai 600009.
3. The Director of School Education,
Directorate of School Education,
DPI Compound, College Road,
Chennai 600 006.
4. The Joint Director of School Education,
Directorate of School Education,
DPI Compound, College Road,
Chennai 600 006. ... Respondents
Page 1 of 8
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W.P.No.16792 of 2022
Prayer: Writ petition filed under Article 226 of the Constitution of
India seeking to issue a Writ of Certiorarified Mandamus, calling for
the records relating to the impugned order dated 18.03.2022 in
Proceedings No.68008/A5/E1/2021 passed by the 4th respondents and
quash the same and to direct the concerned respondent to pass an order
by granting monetary benefits to the members of the petitioner
Association notionally with effect from the date of regularization i.e.
from 02.03.2012.
For petitioner : Mr.V.S.Jagadeesan
for Mr.G.Suresh
For Respondents : Mr.T.Chezhiyan,
Additional Government Pleader
ORDER
This writ petition has been filed seeking to quash the impugned
order dated 18.03.2022 passed by the 4th respondent and to direct the
concerned respondent to grant monetary benefits to the members of the
petitioner Association notionally with effect from the date of
regularization i.e. from 02.03.2012.
2. Heard the learned counsels for both the parties and I have
perused the materials on record.
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W.P.No.16792 of 2022
3. The petitioner is an Association registered under the Tamil
Nadu Societies Registration Act. The members of the petitioner
Association have been recruited for non-teaching posts such as
Sweepers, Scavengers and Watchmen, vide G.O.Ms.No.47 School
Education Department dated 02.03.2012 in the Special time scale of
pay of Rs.1300-3000 + Grade pay 300.
4. An Association, as that of the petitioner Association filed a
Writ Petition before this Court in W.P.17663 of 2014 to grant regular
time scale of pay from the date of initial appointment and the same was
allowed by this Court, vide order dated 25.01.2018, granting regular
time scale of pay notionally from the date of their appointment and
monetary effect from the date of the order. The appeal filed by the
respondent in W.A(MD) No.1584 of 2018 was also dismissed on
29.01.2019. Therefore, the order passed in W.P.17663 of 2014 dated
25.01.2018 has become final.
5. Pursuant to the orders passed by this Court in W.P.No.17663
of 2014 dated 25.01.2018, the Government has passed G.O(Ms) No.50
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W.P.No.16792 of 2022
dated 08.03.2019, granting regular time scale of pay to the members of
the petitioner Association also, notionally from the date of appointment
and monetary effect from the date of 25.01.2018. In such
circumstances, the petitioner Association has made a representation on
09.02.2022 before the 4th respondent to grant monetary benefit from
the date of initial appointment and the same was rejected by an order
dated 18.03.2022, which is impugned herein.
6. No doubt, as per the direction given by this Court in
W.P.No.17663 of 2014 dated 25.01.2018, the Government has passed
G.O.Ms.No.50 dated 08.03.2019, granting regular time scale of pay
notionally from the date of appointment and monetary effect from the
date of Court order i.e. on 25.01.2018. But, it is the contention of the
petitioner Association that, the members of the Union, as that of the
petitioner Association were paid regular time scale of pay from their
initial date of appointment, which is not acceptable. Once the issue has
been already decided by this Court and pursuant to the Court order,
Government has also passed G.O., there is no necessity to decide the
same once again. Therefore, the fourth respondent has rightly rejected
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W.P.No.16792 of 2022
the claim of the petitioner Association vide impugned order dated
18.03.2022. Further, it is not disputed by the petitioner Association
that, its members were not benefited by the above G.O (Ms) No.50
dated 08.03.2019. In such circumstances, it is peculiar that, when the
petitioner Association claimed in the affidavit for monetary benefits
from the date of initial appointment, in the prayer column, it is claimed
"monetary benefits notionally with effect from the date of
regularization i.e. from 02.03.2012 ", which was already granted by
this Court in the earlier Writ petition and consequently Government has
passed G.O.(Ms) No.50 dated 08.03.2019. Therefore, considering at
any angle, this Court is of the view that there is no merit in the writ
petition and the same is liable to be dismissed.
7. Apart from that, the present writ petition has been filed by the
Association on behalf of its members. As far as the service matters are
concerned, the writ under Article 226 of the Constitution has to be filed
by the individual/individuals not by an Association. At this juncture, it
is pertinent to note that in a matter filed by the Association in
W.P.No.10465 of 2020 (Tamil Nadu Survey Officers Union (Central)
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W.P.No.16792 of 2022
Vs. The Government of Tamilnadu and others) this Court vide order
dated 28.04.2022, has observed as under.
13. In the judgment dated 28.03.2018 in W.A.No.1792 of 2017 [The
Secretary to Government, Chennai-9 and Others v. The Tamil
Nadu Higher Secondary Vocational Teachers Association], the
Hon'ble Division Bench has observed that “There is no question of
entertaining the writ petition at the instance of the Association in a
Service Matter and directing the Government to grant the benefits
to the members of the Association. Nothing prevented the
employees who worked as Vocational Instructors to approach the
Court for appropriate relief. Since it is a service matter, the
concerned employee has to approach the Court . There is no locus
standi for the Association to approach the Court for the purpose of
giving service benefits to its members...”
14. Admittedly, in the case on hand, the present writ petition has
been filed on behalf of its members and the members of the
petitioner's Association are employees of the Survey & Settlement
Department and they cannot be presumed to be poor, disabled or
disadvantaged to approach this Court individually. In the light of the
aforesaid decision of the learned Single Judge of this Court in
Bharathidasan University Backward Class and Most Backward
Class Employees Association (cited supra), and the Division Bench
judgment cited supra, the writ petition which pertains to service
matter, is not maintainable.
15. In the light of the above discussions and following the decision
of the Division Bench of this Court cited supra the contention of the
petitioner cannot be countenanced and this Court is of the view that
the petitioner Association has no locus standi to challenge the
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W.P.No.16792 of 2022
impugned Government Order and therefore, the present writ petition
is not maintainable and deserves dismissal.
Therefore, the present writ petition filed by Association is liable to be
dismissed on ground that it has no locus standi to challege the
impugned order.
8. Accordingly, this writ petition is dismissed. No costs.
04.07.2022
Index:Yes/No
Internet:Yes/No
mst
To
1.The Joint Registrar of Co-Operative Societies,
Office of the Joint Registrar of Cooperative Societies,
District Collector office buildings,
Perambalur.
2. The Deputy Registrar of Co-Operative Societies,
Office of the Deputy Registrar of Co-Operative Societies,
Thuraimangalam, Perambalur.
3. The President,
T.R.D.1211, Thungapuram Milk Producers Cooperative Society,
Thungapuram, Kunnam Taluk,
Perambalur District 621 716.
https://www.mhc.tn.gov.in/judis
W.P.No.16792 of 2022
D. KRISHNAKUMAR, J.
mst
W.P.No.16792 of 2022
04.07.2022
https://www.mhc.tn.gov.in/judis
