Madras High Court
R.Gurunathan vs Tamil Nadu Cements Corporation ... on 9 March, 2022
Writ Appeal No.2375 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Writ Appeal No.2375 of 2013
R.Gurunathan ... Appellant
vs.
1. Tamil Nadu Cements Corporation Limited,
rep. by its Chairman and Managing Director,
Corporate Office, “LLA Building”,
735, Anna Salai,
Chennai 600 002.
2. Tamil Nadu Cements Corporation Limited,
rep. by its Manager – Personnel & Administration,
Corporate Office, “LLA Building”,
735, Anna Salai,
Chennai 600 002.
3. Tamil Nadu Cements Corporation Limited,
rep. by its Deputy General Manager,
Alangulam Cement Works,
Tamil Nadu Cements Post,
Virudhunagar District. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 05.04.2013 passed by this Court in W.P.No.28919 of 2003.
Page No.1 of 7
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Writ Appeal No.2375 of 2013
For Appellant : M/s.A.P.Srinivas
For Respondents : Mr.A.Sivaji
JUDGMENT
(Judgment of the Court delivered by S.VAIDYANATHAN,J.)
Present Appeal has been preferred by the Writ Petitioner, questioning
the common order dated 05.04.2013 passed by the learned Single Judge,
dismissing the Writ Petition in W.P.No.28919 of 2003
2. The Appellant/Writ Petitioner joined the services of the
Respondents/TANCEM as a Steno-cum-Typist on 16.03.1981 and after
holding various posts, on selection, he was appointed as Marketing Executive
on 31.08.1994 and then promoted as Assistant Manager (Marketing) on
03.02.1999. By a common impugned order dated 19.03.2003 passed by the
2nd Respondent, the Writ Petitioner was reverted after a period of four years
from the promoted post, without any prior notice. It is seen that, one
P.Ramu, who was working as an Assistant Manager (Marketing) was
terminated from service and that, he filed a Writ Petition in W.P.No.14010 of
2003 and by an order dated 30.01.2003, he was directed to be reinstated into
service and in order to accommodate him, the reversion order was passed.
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Writ Appeal No.2375 of 2013
3. Challenging the impugned order of reversion, the Writ Petitioner
filed W.P.No.28919 of 2003 and the learned Single Judge, by a common
order dated 05.04.2013, dismissed the Writ Petition, by holding as under:
“16. A perusal of the records would go to show
that, out of 15 posts, only 12 posts are available as on
date. Further, in order to accommodate one Ramu, who
has obtained orders from this Court for reinstatement, the
present Petitioners have been reverted. Further, it appears
that, Petitioner Paulraj has retired on 31.03.2011 on
attaining the age of superannuation as Superintendent
(Marketing) and he was never disturbed and the Petitioner
Gurunathan is going to retire during the year 2014.
Therefore, prima facie, I find no malafide intention on the
part of the 2nd Respondent.
17. In view of all the above, the Writ Petition
deserves only to be dismissed and the same is accordingly
dismissed. No costs. ...”
4. Learned counsel for the Appellant/Writ Petitioner contended
that, as per the Service Rules of TANCEM, the 1st Respondent is not
empowered to upgrade or downgrade a post and that, the reason stated by the
Respondents that, promotions were given pursuant to the Settlement arrived
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Writ Appeal No.2375 of 2013
under Section 12(3) of the Industrial Disputes Act, is highly illogical.
According to him, when no sanctioned post is available, the question of
promotion or appointment on any ground, does not arise.
5. Heard the learned counsel on either side and perused the
material documents available on record.
6. Learned counsel for the Appellant/Writ Petitioner contended
that, in order to accommodate one Ramu, the post held by the Appellant/Writ
Petitioner ought not to have been downgraded and he ought not to have been
placed in the lower scale of pay.
7. It is seen from the records that, during the pendency of the Writ
Petition, the Appellant/Writ Petitioner obtained interim order from this Court.
Subsequently, he was reverted to the post of Marketing Executive. On
02.02.2007, he was promoted as Assistant Manager (Marketing) in the
sanctioned post and that, he retired from service on 31.05.2014.
8. Learned counsel for the Appellant/Petitioner contended that, the
Appellant/Writ Petitioner has not been paid the terminal benefits.
9. In view of the aforesaid discussion, as the Appellant/Writ
Petitioner has retired from service, the only issue that requires consideration
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Writ Appeal No.2375 of 2013
in this Writ Appeal is, payment of terminal benefits due to the Appellant/Writ
Petitioner. However, the action of the employer in downgrading the Writ
Petitioner to a lower post in order to accommodate one Ramu, is illegal.
Respondents ought to have created a supernumerary post to accommodate the
said Ramu and ought not to have downgraded the Appellant/Writ Petitioner
to a lower post to accommodate Ramu in the higher post. Even if
Respondents have powers to downgrade an employee to a lower post, pay
protection should be given to the employee. Benefits already granted to an
employee cannot be withdrawn by means of an administrative decision to
accommodate another employee.
10. Hence, we interfere with the order passed by the learned Single
Judge and thereby, the impugned order of reversion dated 19.03.2003
passed by the 2nd Respondent, is set aside only for the purpose of payment
of enhanced terminal benefits to the Appellant/Writ Petitioner.
11. We direct the Respondents herein to pay all the terminal benefits
due to the Appellant/Writ Petitioner within a period of four months from
the date of receipt of a copy of this judgment, with interest at 10% per
annum from the date of his retirement till the date of actual payment.
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Writ Appeal No.2375 of 2013
The Writ Appeal is allowed on the above terms. No costs.
[S.V.N.,J.] [M.S.Q.,J.]
09.03.2022
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
1. The Chairman and Managing Director,
Tamil Nadu Cements Corporation Limited,
Corporate Office, “LLA Building”,
735, Anna Salai, Chennai 600 002.
2. The Manager – Personnel & Administration,
Tamil Nadu Cements Corporation Limited,
Corporate Office, “LLA Building”,
735, Anna Salai, Chennai 600 002.
3. The Deputy General Manager,
Tamil Nadu Cements Corporation Limited,
Alangulam Cement Works,
Tamil Nadu Cements Post,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
Writ Appeal No.2375 of 2013
S.VAIDYANATHAN,J.
AND
MOHAMMED SHAFFIQ,J.
(aeb)
Judgment in
W.A.No.2375 of 2013
09.03.2022
https://www.mhc.tn.gov.in/judis
