Madras High Court
K.Jagannath vs The Government Of Tamil Nadu on 7 August, 2023
W.P.No.21230 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.21230 of 2023 and
W.M.P.Nos.20646 & 20647 of 2023
1.K.Jagannath,
Electrician (B License Holder).
2.R.Manikandan,
Electrician.
3.R.Saravanan,
Plumber.
4.R.Munivaradhan,
Xerox Operator.
5.D.Kumar,
Office Assistant.
6.C.Hanish,
Lift Operator.
7.K.Vishnu,
Life Operator.
8.S.Raman,
Floor Attender,
All are Working,
Anna Centenary Library,
Kotturpuram, Chennai- 600 085. ... Petitioners
Versus
1.The Government of Tamil Nadu,
Represented by its Chief Secretary,
Secretariat, Fort St.George,
Chennai-600 009.
2.The Secretary,
Government of Tamil Nadu,
Page No.1 of 8
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W.P.No.21230 of 2023
Department of School Education,
Secretariat, Fort St.George,
Chennai-600 009.
3.The Chief Librarian and Information Officer,
Anna Centenary Library,
Kotturpuram, Chennai-600085.
4.The Director of Public Library,
No.737/1, Anna Salai,
Chennai-600 002. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records related to
G.O.(Ms)No.178 (School Education (Ms) Department) dated 14.10.2022,
issued by the 1st respondent and the Reply Letter dated 01.11.2021
(Na.Ka.No.60/A.Nu.Nu2021), issued by the 3rd respondent and quash the
same as illegal and directing the respondents to regularize the services of
the Petitioners in Anna Centenary Library, Kottupuram, Chennai as per
G.O(Ms)No.131, dated 28.11.2020, with all attendant and consequential
benefits of regularization.
For Petitioners : Mr.Ramesh Ganapathy
For Respondents : Mr.Silambannan,
Additional Advocate General for
Mr.P.Baladhandayutham,
Special Government Pleader
ORDER
This Writ Petition has been filed to call for the records related to
G.O.(Ms)No.178 School Education (Public Library-2) Department, dated
14.10.2022 issued by the 1st respondent and the reply letter, dated
01.11.2021 in Na.Ka.No.60/A.Nu.Nu 2021 issued by the 3rd respondent and
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W.P.No.21230 of 2023
quash the same as illegal and direct the respondents to regularize the service
of the petitioners in Anna Centenary Library, Kottupuram, Chennai as per
G.O.(Ms).No.131 Personnel and Administrative Reforms (F) Department,
dated 28.11.2020 with all attendant and consequential benefits of
regularization.
2.The grievance of the Writ Petitioner is that the issuance of
G.O.(Ms)No.178 School Education (Public Library-2) Department, dated
14.10.2022 deals with outsourcing of employment in Anna Centenary
Library, Chenna and in newly opened Kalaignar Centenary Library,
Madurai and also deals with redeployment of employees from Anna
Centenary Library, Chennai to Kalaignar Centenary Library, Madurai. The
petitioners have been working from the year 2010 as Electrician, Plumber,
Xerox Operator, Office Assistant, Life Operator and Floor Attendar in Anna
Centenary Library, Chennai on temporary basis. Now, the above said
Government Order has been passed only in order to displace the petitioners.
Therefore, the same has been put in challenge in this Writ Petition.
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W.P.No.21230 of 2023
3.When the Government took the policy decision vide
G.O.(Ms)No.178 School Education (Public Library-2) Department, dated
14.10.2022, merely because the petitioners have been working as temporary
basis from the year 2010, such Government Order cannot be quashed.
4.On perusal of the records, it is seen that the petitioners have
already filed writ petition in W.P.No.11702 of 2017 for regularization of
service, however, the same has been dismissed by this Court on 20.07.2017,
which has been confirmed by the Hon'ble Division Bench of this Court in
W.A.No.1348 of 2017, vide judgment, dated 03.11.2017 holding that the
claim of regularization by the temporary employees is not permissible in
law and it is for the appellants/writ petitioners to compete in the selection
process, however, the respondent may give some weightage by awarding
some marks, while they compete in the selection process, keeping in view
the services rendered by the appellants/writ petitioners, which would be in
proportion to the number of years of services rendered by them. Now, it is
the contention of the petitioners that despite such direction of this Court on
03.11.2017, no recruitment process has been commenced, therefore, the
only apprehension of the petitioners is, they may be displaced by
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W.P.No.21230 of 2023
outsourcing.
5.The learned Additional Advocate General appearing for the
respondents submitted that even the outsource is done, the petitioner shall
be absorbed by giving priority in outsourcing on certain conditions.
According to them, they will be absorbed in the following categories:
As per the name of the job the employees required are made equivalence with the
employees mentioned in the classes of employees in Notification under minimum
wages act 1948 (Central Act XI of 1948) for employment in shops and
Commercial Establishments.
(See G.O 2(D) No.14 Labour and Employment (J1) Department dated
05.03.2019)
Designation Basic Dearness PF Employer ESI Bonus Basic
Pay Allowance Contribution (Employer (@ Wage Rate
(In (In Rs.) (@12%) (In Contribution) 8.33%) per person
Rs.) Rs.) (@3.25%) (In (In Rs.) per month
Rs.) (CTC)
(In Rs.)
Officer 5457 5087 1265 343 878 13030
Assistant
Multi-
Tasking
Staff (Lift 5396 5087 1258 341 873 12955
Operator /
Attender)
Plumber 5507 5087 1271 344 882 13091
Electrician 5507 5087 1271 344 882 13091
Xerox 5396 5087 1258 341 873 12955
Operator
The above said statement is recorded.
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W.P.No.21230 of 2023
6.In such view of the matter, as and when outsourcing is
commenced, the respondents shall give priority to the petitioners and absorb
the scale as narrated above. Since the petitioners' right for regularization
has already been rejected by this Court, as a matter of right, they cannot
seek regularization once again. Besides they have also no right to challenge
the policy of the Government.
7.Accordingly, this Writ Petition stands disposed of.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
07.08.2023
Index : Yes/No
Internet: Yes/No
Neutral Citation: Yes/No
Speaking Order/Non-Speaking Order
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To
1.The Chief Secretary,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai-600 009.
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W.P.No.21230 of 2023
2.The Secretary,
Government of Tamil Nadu,
Department of School Education,
Secretariat, Fort St.George,
Chennai-600 009.
3.The Chief Librarian and Information Officer,
Anna Centenary Library,
Kotturpuram, Chennai-600085.
4.The Director of Public Library,
No.737/1, Anna Salai,
Chennai-600 002.
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W.P.No.21230 of 2023
N.SATHISH KUMAR, J.
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W.P.No.21230 of 2023
07.08.2023
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