Madras High Court
C.K.Jeyaraj vs The Secretary To Government on 30 June, 2022
W.A(MD)No.638 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.638 of 2022
and C.M.P.(MD) No.5301 of 2022
C.K.Jeyaraj ... Appellant/Petitioner
Vs.
1.The Secretary to Government,
Rural Development Department,
Secretariat, Fort St. George,
Chennai – 9.
2.The District Collector,
Kanyakumari District,
Nagercoil.
3.The Commissioner,
Melpuram Panchayat Union,
Kanyakumari District.
4.The President,
Vanniyur Village Panchayat,
Vanniyur Panchayat,
Malaiyadi Post,
Kanyakumari District. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, praying
to set aside the order dated 13.04.2022 in W.P(MD)No.20571 of 2019
and allow the Writ Appeal.
For Appellant : Mr.S.Govindan
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W.A(MD)No.638 of 2022
For Respondents 1 & 2 : Mr.S.P.Maharajan
Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR,J.)
Challenging the order of learned Single Judge dated
13.04.2022, made in W.P.(MD) No.20571 of 2019, the petitioner in the
writ petition has preferred the above appeal.
2. Heard Mr.S.Govindan, learned counsel appearing for the
appellant and Mr.S.P.Maharajan, learned Special Government Pleader,
who accepts notice for the respondents 1 and 2.
3. The petitioner has come before this Court suppressing the
material facts relating to his appointment. Though the petitioner was
appointed on temporary basis as Over Head Tank Operator/Plumber, the
petitioner has stated before us that he was appointed as a full-time
Plumber on daily wages basis by the President, Vanniyur Panchayat as
per the resolution of the Panchayat due to existence of service.
4. The petitioner stated that he was in service for 23 years
under the supervision of the President of Vanniyur Panchayat. His service
was not regularized in the regular time scale of pay. The petitioner
contends that he is entitled to regular time scale of pay on the basis that
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W.A(MD)No.638 of 2022
being a differently abled person he is entitled for regular absorption as
per G.O.Ms.No.151, dated 16.10.2008. When a representation was made
before the District Collector, it was rejected on the ground that the said
Government Order is not applicable to the petitioner, who was just
employed as Over Head Tank Operator, which is not a sanctioned post
carrying any time scale of pay.
5. From the typed set of papers, it is seen that the petitioner
was appointed on 18.08.1997 as a plumber on daily wages. The
assurance given to the petitioner is that he will be paid a consolidated
pay as per the decision of the District Collector vide G.O.Ms.No.119 Rural
Development Department, dated 10.05.2000, by which the District
Collector was directed to enhance the consolidated pay to all the daily
wagers, who are engaged as pump operator or doing jobs in local body.
It is not in dispute that the petitioner was receiving only wages on
consolidated pay as determined by the District Collector periodically.
Therefore, the contention of the petitioner that he was employed in a
permanent job and that he is entitled to time scale pursuant to the
Government Order issued by the Government vide G.O.Ms.No.151 dated
16.10.2008 on completion of two years of service cannot be
countenanced.
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W.A(MD)No.638 of 2022
6. The District Collector, while rejecting the representation of
the petitioner has categorically held that G.O.Ms.No.151, dated
16.10.2008, relied upon by the petitioner is not applicable as the
petitioner is not employed in any position carrying time scale of pay. The
District Collector has specifically stated that he is not engaged in a
permanent job and that therefore, the petitioner is not entitled to regular
absorption in terms of G.O.Ms.No.151, dated 16.10.2008. Learned Single
Judge after elaborately considering the documents produced by the
petitioner has rejected the prayer.
7. It is not in dispute that the petitioner is not employed
pursuant to any selection process. He was just employed as an Over
Head Tank Operator, which is not a sanctioned post in the village. The
petitioner was engaged as a temporary worker in a non-sanctioned post
on consolidated pay as fixed by the District Collector and such pay was
revised from time to time. The petitioner is trying to take advantage of
the Government Order as he is a differently abled person. When it is not
in dispute that the engagement of the petitioner was on daily wage basis
as per periodical revision of salary by the District Collector, the claim of
the petitioner for regular scale of pay and permanent absorption cannot
be considered.
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W.A(MD)No.638 of 2022
8. Though learned counsel for the appellant relied on certain
judgments of this Court and the Hon'ble Supreme Court, none of
judgment is applicable to the present case having regard to the facts
therein. The respondents have filed their counter affidavit in the case.
But, learned counsel for the petitioner has not enclosed the counter
affidavit filed by the respondent. However, an unfair submission was
made to the effect that the respondents have not filed counter and
therefore, the Writ Appeal may be adjourned atleast for assertaining the
specific stand taken by the respondents on the merits of case.
9. On instructions, learned Additional Government Pleader
submits that the petitioner did not receive revised consolidated pay on
his own. Therefore, this Court is not inclined to give any direction to the
respondents as to the amount, the petitioner is entitled in this case. In
case the petitioner makes a representation to the respondents requesting
disbursement of enhanced consolidated pay, the respondent may
consider the same.
10. In view of the above, the Writ Petition is Dismissed. No Costs.
Consequently, connected Miscellaneous Petition is also dismissed.
[S.S.S.R.,J] [S.S.Y.,J.]
30.06.2022
Index :Yes/No
Internet :Yes/No
sj
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W.A(MD)No.638 of 2022
S.S.SUNDAR,J.
and
S.SRIMATHY,J.
sj
To
1.The Secretary to Government,
Rural Development Department,
Secretariat, Fort St. George,
Chennai – 9.
2.The District Collector,
Kanyakumari District,
Nagercoil.
W.A(MD)No.638 of 2022
30.06.2022
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