Madras High Court
S.Rajasekaran … vs The Secretary To Government on 2 February, 2023
W.P.No.3813 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.3813 of 2023
and WMP No.4360 of 2021
and WMP No.33524 of 2022
S.Rajasekaran … Petitioner
Vs.
1. The Secretary to Government
Agriculture /Chairman
Pondicherry Agro Service and
Industries Corporation Limited
Chief Secretariat
Puducherry -605 001.
2. The Managing Director
Pondicherry Agro Service and
Industries Corporation Limited (PASIC)
Agro House,Thattanchavady
Puducherry -605 009.
3. The Director of Agriculture
Agriculture Department
Puducherry. … Respondents
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.3813 of 2021
Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, to call for the concerned
records relating to the Order No. 26967/CS(Agri)/A4/2020, dated 20.03.2020
passed by the 1st respondent herein and quash the same and consequently
directing the respondents to redeploy the petitioner to any office of the 3rd
respondent in the equivalent post of Depot Manager and settle the arrears of
back wages payable to the petitioner.
For Petitioner : M/s.R.Kalaiyarasi
S.Vijayalakshmi
For Respondents : Mr.R.Sreedhar
Additional Government Pleader(P)
for R1 & R3
Mr.T.M.Naveen
for R 2
ORDER
This writ petition was filed challenging the order dated 20.03.2020,
passed by the 1st respondent and for a consequential direction to the
respondents to redeploy the petitioner to any office of the 3rd respondent in the
equivalent post of Depot Manager and settle the arrears of back wages.
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W.P.No.3813 of 2021
2.The learned counsel for the petitioner mentioned this case and brought
it up for hearing on the ground that the petitioner's son is getting married and
hence, the petitioner has to incur some urgent expenses. WMP.No.33524 of
2022, has also been filed to direct the 2nd respondent to disburse a part amount
in the arrears payable by the petitioner.
3.The learned Additional Government Pleader appearing on behalf of the
respondents 1 and 3 submitted that the similar issue was dealt with in a batch
of writ petitions by this Court and final order was passed on 25.11.2022, by
issuing certain directions. The copy of the order was also placed before this
Curt.
4.In the considered view of this Court, the petitioner cannot be treated
differently and the petitioner has to be given the same relief that was given to
other petitioners, who approached this Court on the very same issue. Hence,
this Court is not in a position to accede to the request made by the petitioner
to direct the 2nd respondent to disburse part of the arrears of salary. If such a
direction is issued, the other petitioners will also come before this Court and
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W.P.No.3813 of 2021
seek for similar directions and it will only complicate the issue. Already some
steps have been taken by the 2nd respondent to settle the dues of the
employees and at this point of time, passing interim orders will only hamper
the process.
5.This Court while disposing of the batch of writ petitions in
W.P.Nos.13654 etc., of of 2019, passed the following directions:
2. All the petitioners are the employees of M/s.Puducherry
Agro Service and Industries Corporation Limited, which is a
Company incorporated under the Companies Act, 1956.
3. It is not in dispute between the parties that the
Corporation faced severe financial difficulties and almost became
defunct. Thus the Corporation was not in a position to settle the
salary due to its employees and it was being paid in piece meal.
Whenever Grant-in-Aid from the Government of Pondicherry has
been received by the Corporation, thereafter the salary has been
settled to its employees.
4. While-so, the learned counsel appearing on behalf of
the respondents 4 and 5 made a submission that proposals were
submitted to the Government for the purpose of taking a decision
regarding the affairs of the Corporation. The proposal is pending
before the Government for consideration and in the event of
taking a decision by the Government, the Corporation would be in
a position to resolve the issues including the salary to be paid to
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W.P.No.3813 of 2021
these employees. Further, it is not in dispute that the salary dues
are yet to be paid to the petitioners. Equally, the Court has to
consider the financial difficulties faced by the Corporation, which
is owned by the Government of Pondicherry. Since the
Government has already taken efforts to resolve the issues, the the
directions if at all issued may not be workable in the matter of
settlement of salary dues.
5. This being the factum, all the petitioners are at liberty to
approach the Government and the respondents are directed to
consider the issues and take a decision as expeditiously as possible
in order to resolve the issues. In respect of the pending issues, the
Government is expected to take a final decision, within a period of
six months from the date of receipt of a copy of this order.
6.This writ petition is also disposed of in terms of the above order. No
costs. Consequently, connected miscellaneous petition is closed.
02.02.2023
kp
Internet : Yes/No
Index : Yes/No
Speaking Order :Yes/No
Neutral Judgment :Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.3813 of 2021
N.ANAND VENKATESH,J.
kp
To
1. The Secretary to Government
Agriculture /Chairman
Pondicherry Agro Service and
Industries Corporation Limited
Chief Secretariat
Puducherry -605 001.
2. The Managing Director
Pondicherry Agro Service and
Industries Corporation Limited (PASIC)
Agro House,Thattanchavady
Puducherry -605 009.
3. The Director of Agriculture
Agriculture Department
Puducherry.
W.P.No.3813 of 2021
02.02.2023
https://www.mhc.tn.gov.in/judis
