Madras High Court
I.S.Arunachalam vs The Government Of Tamil Nadu on 28 October, 2022
W.P.No.9866 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2022
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.9866 of 2020
1.I.S.Arunachalam
2.C.Devarajan
3.N.Subramaniam
4.A.Marimuthu
5.K.Siddayan
6.K.M.Subramaniam ... Petitioners
Vs.
1.The Government of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Rural Development & Panchayat Raj Department,
Fort St.George, Chennai - 600 009.
2.The Commissioner of Rural Development
and Panchayat Raj Department,
Panagal Building,
Saidapet, Chennai - 600 015.
3.The Principal Accountant General (A & E) Tamil Nadu,
No.361, Anna Salai,
Chennai - 600 018.
4.The District Collector,
Salem,
Salem District.
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W.P.No.9866 of 2020
5.The District Collector,
Namakkal,
Namakkal District.
6.The District Collector,
Erode,
Erode District. ... Respondents
PRAYER: Writ Petition has been filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus, to call for
the records of G.O.(1 g) No.78, Rural Development and Panchayat Raj
Department dated 28.02.2020 issued by the first respondent and quash the
same in so far relates to the petitioners and further direct the first respondent
to grant two increment in the post which they were holding as on
30.07.1992 by counting two years Rural Welfare Officer Training period
undergone by them at Ramakrishna Vidyalaya Agricultural Research
Institute, Coimbatore.
For Petitioner : Mr.T.Hemalatha
For Respondents : Mr.P.Balathandayutham
Special Government Pleader
for R1, R2, R4 to R6
Mr.V.Vijay Shankar
Standing Counsel
for R3
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W.P.No.9866 of 2020
ORDER
This Writ Petition has been filed challenging G.O.(1 g) No.78, Rural
Development and Panchayat Raj Department dated 28.02.2020 issued by
the first respondent rejecting the petitioners' request, under which the
petitioners' request for grant of two increments to the post they held as on
30.07.1992 by counting the two years Rural Welfare Officer Training period
undergone with Ramakrishna Vidyalaya Agricultural Research Institute,
Coimbatore was rejected on the ground that the petitioners have underwent
their training at Ramakrishna Vidyalaya Agricultural Research Institute,
Coimbatore which is an unrecognized institute.
2. All the petitioners have retired from service and they have
challenged the impugned G.O. raising the following grounds:
a) The impugned order passed by the first respondent is arbitrary,
unreasonable and violative of Articles 14 and 16 of the Constitution of India.
According to them, the respondents ought to have taken note of the fact that
based on the training undergone by the petitioners at Ramakrishna
Vidyalaya Agricultural Research Institute, Coimbatore they were absorbed
as Rural Welfare Officers and were also promoted subsequently;
b) The petitioners have also contended that Ramakrishna Vidyalaya
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W.P.No.9866 of 2020
Agricultural Research Institute, Coimbatore was recognized by the Central
Government at the time when they underwent the training;
c) The benefits given in G.O.Ms.No.85 of the Rural Development and
Panchayat Raj Department dated 11.09.2012 cannot be confined to the
persons who have filed Writ Petitions viz., W.P.Nos.33981 and 39046 of
2005 in as much as the order dated 05.07.2011 in W.P.Nos.33981 and
39046 of 2005 is a Judgment in Rem and not Judgment in personam in as
much as this Court has held that Rural Welfare Officers who have
undergone training for a period of two years are entitled to count the training
period for the purpose of increment and grant the said increment to the posts
which they were holding as on 30.07.1992. According to the petitioners,
applying the said principle the petitioners are also entitled to get the benefits.
3. The petitioners also claim that they were all aged seventy to eighty
years and if the benefit of counting two years training period for the purpose
of increment is given, they may get monetary benefits including additional
pensionary benefits which will be useful to them in their old age.
4. A Counter Affidavit has been filed by the third respondent
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W.P.No.9866 of 2020
reiterating the contents of the impugned G.O.(1 g) No.78, Rural
Development and Panchayat Raj Department dated 28.02.2020. According
to them, only due to the fact that the petitioners did not undergo the two year
training in a recognized institution, the increments have not been granted to
them. According to them, only in accordance with G.O.No.164 of Rural
Development (E4) Department dated 30.07.1992, the petitioners were
rejected increments under the G.O.(1 g) No.78, Rural Development and
Panchayat Raj Department dated 28.02.2020.
5. Admittedly, the petitioners were absorbed by the respondents after
giving due consideration to the two years training certificate produced by the
respective petitioners from the very same Ramakrishna Vidyalaya
Agricultural Research Institution, Coimbatore. They were also promoted
subsequently, which is also not disputed by the respondents.
G.O.Ms.No.164 of the Rural Development (E4) Department dated
30.07.1992 also does not stipulate that Ramakrishna Vidyalaya Agricultural
Research Institute, Coimbatore is an unrecognized institute.
6. Having been absorbed into service and having been promoted, the
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W.P.No.9866 of 2020
question of rejecting the petitioners' request for increments and their
monetary benefits as per G.O.No.164 of Rural Development (E4)
Department dated 30.07.1992 will not arise. By total non application of
mind to the fact that the petitioners were absorbed into service and were also
promoted, the request for increments and monetary benefits as per
G.O.No.164 of Rural Development (E4) Department dated 30.07.1992 has
been erroneously rejected by the respondents under the impugned G.O.(1 g)
No.78, Rural Development and Panchayat Raj Department dated
28.02.2020. The only reason for rejection is that the petitioners underwent
training at Ramakrishna Vidyalaya Agricultural Research Institute,
Coimbatore which is an unrecognized institute. As observed earlier, the
reason given for rejection is erroneous and has been given by total non
application of mind to the fact that the petitioners have been absorbed into
service and have been promoted subsequently, only based on the said
training.
7. For the foregoing reasons, this impugned G.O. has to be necessarily
quashed in respect of this petitioners and the Writ Petition will have to be
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W.P.No.9866 of 2020
allowed. Accordingly the impugned G.O.(1 g) No.78, Rural Development
and Panchayat Raj Department dated 28.02.2020 is hereby quashed and the
Writ Petition is allowed. No Costs.
28.10.2022
Index : Yes/No
Speaking Order : Yes / No
ab
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W.P.No.9866 of 2020
To
1.The Government of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Rural Development & Panchayat Raj Department,
Fort St.George, Chennai - 600 009.
2.The Commissioner of Rural Development
and Panchayat Raj Department,
Panagal Building,
Saidapet, Chennai - 600 015.
3.The Principal Accountant General (A & E) Tamil Nadu,
No.361, Anna Salai,
Chennai - 600 018.
4.The District Collector,
Salem,
Salem District.
5.The District Collector,
Namakkal,
Namakkal District.
6.The District Collector,
Erode,
Erode District.
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W.P.No.9866 of 2020
ABDUL QUDDHOSE. J.,
ab
W.P.No.9866 of 2020
28.10.2022
(1/4)
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