Madras High Court
The State Of Tamil Nadu vs P.Neelaveni on 24 August, 2023
W.A.No.2220 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.08.2023
CORAM
THE HONOURABLE Mr.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ
W.A.No.2220 of 2023
and
C.M.P.No.19221 of 2023
1.The State of Tamil Nadu
Rep. by its Secretary to Government,
School Education Department,
Secretariat, Chennai-600 009.
2.The Director of Government Examinations,
Directorate of Government Examination,
College Road, Chennai-600 006
3.The Assistant Director,
Government Examinations,
Coimbatore District. .. Appellants
Vs.
P.Neelaveni,
W/o. Paremaswaran,
No.15, Veni Nivas, Indira Nagar,
Irugu-Post, Coimbatre-641 103. .. Respondent
1/7
https://www.mhc.tn.gov.in/judis
W.A.No.2220 of 2023
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 27.10.2021 passed in W.P.No.22942 of 2021 on the file of this
Court.
For Appellants : Mr.S.Silambannan
Additional Advocate General
assisted by Mr.Stalin Abimanyu,
Additional Government Pleader
For Respondent : Mr.A.R.Suresh, for Mr.K.Arumugam
JUDGMENT
[Judgement of the Court was delivered by R.MAHADEVAN, J.]
This writ appeal has been filed by the Government challenging the
order dated 27.10.2021 passed by the learned Judge in W.P.No.22942 of
2021.
2.The respondent herein filed the aforesaid writ petition viz.,
W.P.No.22942 of 2021 stating that she is entitled for regularisation of
service with effect from the date of her original appointment as has been
implemented in the case of few others in terms of G.O.(1D)No.286 School
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W.A.No.2220 of 2023
Education (GE.1) Department dated 19.07.2016, G.O.(1D)No. 238 School
Education (Nee.Va.4(2)) Department dated 07.04.2017 and G.O.Pa.No.72
School Education (Aa.The) Department dated 28.02.2019 and also in terms
of orders passed in W.A.No.1292 of 2017 dated 05.12.2017 and
W.A.No.774 of 2020 dated 21.09.2020.
3.By order dated 27.10.2021, which is impugned herein, the learned
Judge, after analysing the judgments passed by this Court in W.A.No.1292
of 2017 and W.A.No.774 of 2020 along with the Government Orders passed
by the Government as pointed out by the respondent herein, directed the
appellants herein to pass appropriate orders on the representation of the
respondent herein, after duly considering the above judgments, within a
period of 16 weeks from the date of receipt of copy of the order.
4.Challenging the aforesaid order passed by the learned Judge, the
present writ appeal has been filed by the Government, stating that the
respondent was appointed as a Section Writer in the year 1985 on daily
wage basis at Coimbatore for doing the examination works and received
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W.A.No.2220 of 2023
consolidated payments and at the time of appointment, she was clearly made
known that her appointment is purely temporary and it will not cover any
statutory rules. Based on the guidelines issued in G.O.Ms.No.22 P&AR(F)
Department dated 28.02.2006, the respondent herein and 110 others, who
had completed 10 years of service as on 01.01.2006, were appointed as
Record Clerks on 20.10.2006. The employees appointed on or after
01.04.2003 in the regular time scale have been covered only under New
Contributory Pension Scheme and the fact remains that the respondent was
absorbed as Record Clerk with regular time scale of pay only on
20.10.2006. The earlier services rendered by the respondent were only on
consolidated pay basis and hence, such period cannot be considered for
reckoning the qualifying service. To avail the benefit of G.O.Ms.No.408
Finance Department dated 25.08.2009 in respect of counting 50% of the
service rendered in Non-Provincialised Service / Consolidated Pay /
Honorarium / Daily Wages for the purpose of calculating pensionable
service, the individuals should have worked in Government Service in Non-
Provincialised Service / Consolidated Pay / Honorarium / Daily Wages in
regular service and they should have been absorbed in the regular time scale
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W.A.No.2220 of 2023
of pay without break in service before 01.04.2003. However, the learned
Judge has passed the order impugned herein, merely based on the earlier
decisions of this court in WA.No.1292 of 2017 and WA. No.774 of 2020.
5.Today, when the matter was taken up for consideration, the learned
counsel for the respondent submitted that without properly examining the
claim of the respondent / writ petitioner in the light of the order of the
learned Judge, an incompetent authority has passed an order on 28.09.2022,
rejecting the same.
6.On the other hand, the learned Additional Advocate General
appearing for the appellants submitted that the Deputy Director
(Administration) of Government Examinations, Chennai, has inadvertently,
passed the aforesaid order dated 28.09.2022 and the appellants are now
inclined to rectify the same by passing the order afresh by the competent
authority, for which, the learned counsel for the respondent has no serious
objection.
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W.A.No.2220 of 2023
7.Considering the facts and circumstances of the case and as agreed to
by both the parties, we direct the competent authority to pass appropriate
orders, on merits and as per law, that too, after hearing the parties concerned
and also in the light of the order of the learned Judge, which is impugned
herein, within a period of four weeks from the date of receipt of a copy of
this judgment.
8.The writ appeal is disposed of accordingly. No costs. Consequently,
connected C.M.P. is closed.
[R.M.D.,J.] [M.S.Q., J.]
24.08.2023
Index: Yes / No
Speaking order/ Non-speaking order
Neutral Citation: Yes / No
nsd
To
1.The Secretary to Government,
School Education Department,
Secretariat, Chennai-600 009.
2.The Director of Government Examinations,
Directorate of Government Examination,
College Road, Chennai-600 006
3.The Assistant Director,
Government Examinations, Coimbatore District.
https://www.mhc.tn.gov.in/judis
W.A.No.2220 of 2023
R.MAHADEVAN, J.
AND
MOHAMMED SHAFFIQ, J.
nsd
W.A.No.2220 of 2023
24.08.2023
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