Madras High Court
M.Govindaraj vs The Government Of Tamil Nadu on 6 February, 2023
W.A.No.1727 of 2018
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.A.No.1727 of 2018
M.Govindaraj ...Appellant
Vs.
1.The Government of Tamil Nadu,
Rep. By its Secretary,
Municipal Administration and Water Supply Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Corporation of Greater Chennai,
Rippon Building, Chennai – 600 003.
3.The Deputy Commissioner (Education),
Corporation of Greater Chennai,
Rippon Building, Chennai – 600 003.
4.The Education Officer (Education Department),
Corporation of Greater Chennai,
Rippon Building, Chennai – 600003. ...Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 11.04.2018 made in W.P.No.8615 of 2018.
1/11
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W.A.No.1727 of 2018
For Appellant : Mr.K.Raja
For Respondents : Mr.L.S.M.Hasan Fizal
Additional Government Pleader for R1
Mr.G.T.Subramanian
Standing Counsel for R2 to R4
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
This intra-court appeal is at the instance of the appellant
challenging the order of the Writ Court, dismissing his Writ Petition, seeking
a mandamus, directing the 2nd respondent / Corporation to regularize his
services from the date of his initial appointment as Vocational Instructor
namely, 27.04.2000 and to grant him all attendant benefits by considering
his representation.
2.The facts that are necessary for disposal of the appeal are as
follows:-
2.1.The Government of Tamil Nadu by G.O.Ms.No.55 dated
26.04.1999 permitted the Chennai Corporation to commence an Industrial
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W.A.No.1727 of 2018
Training Institute. The said Government Order required six courses to be
commenced. Pursuant to the same, the petitioner along with three others
was appointed as Instructor in the Industrial Training Institute by resolution
of the Corporation dated 27.04.2000. The petitioner along with his
colleagues was relieved from service on 31.10.2003 on the ground that new
posts have not been approved by the Government. This order dated
31.10.2003 was subject matter of challenge in W.P.No.30823 of 2003 by the
petitioner and two of his colleages.
2.2.This Court while allowing the Writ Petition, directed the
petitioner to be reinstated in service in the same post from 01.07.2004. It
was also made clear that they would not be entitled to salary for the period
between 01.11.2003 and 30.06.2004. Soon after the disposal of the Writ
Petition by this Court on 24.06.2004, the Government issued
G.O.Ms.No.292 on 06.08.2004 sanctioning the posts for the Industrial
Training Institute. The following posts were sanctioned by the Government
in the said Government Order.
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W.A.No.1727 of 2018
Sl.No. Name of the Post No. of Posts
3. Vocational Instructor / Junior Training Officer 13
JTO Trade
JTO Theoretircal
JTO Practical
JTO Drawing
JTO Maths
Non-Technical:
2.3.There upon, the petitioner and two others were appointed as
Vocational Instructors in the Industrial Training Institute on 09.09.2004 with
effect from 01.07.2004 again temporarily on a consolidated salary. The
petitioner was subsequently promoted as Principal of the Institute on
15.11.2006. On 30.11.2009, the Corporation passed a resolution bringing
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W.A.No.1727 of 2018
all these employees of the ITI into regular time scale of pay. The petitioner's
services were regularized in the post of the Principal from the date on which,
he was appointed as a Principal i.e., from 15.11.2006.
2.4.The petitioner thereafter, made a representation to the effect
that he should be conferred the benefits from the date of his initial
appointment atleast on par with one T.Rajmohan, who was appointed along
with the petitioner and died, on 21.01.2002, before termination. The
petitioner also sought support from the fact that the Writ Petition filed by the
wife of the said T.Rajmohan was allowed by this Court with a direction to
treat him as a permanent employee upon completion of 480 days of service
in terms of Section 3(1) of Tamil Nadu Industrial Establishments
(Conferment of Permanent Status to Workmen) Act, 1981. The fact that the
said judgment of the Writ Court made in W.P.No.22088 of 2010 dated
19.10.2010 was confirmed by a Hon'ble Division Bench in W.A.No.167 of
2011 and a Special Leave Petition against the judgment of the Division
Bench was also dismissed by the Hon'ble Supreme Court was heavily relied
upon by the petitioner in support of his contention.
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W.A.No.1727 of 2018
2.5.Even though no counter was filed by the Corporation in the
Writ Petition, the Writ Court dismissed the Writ Petition on the ground that
the initial recruitment of the petitioner was not a regular recruitment and it
was temporary appointment on consolidated salary therefore, is hit by the
judgment of the Hon'ble Supreme Court in Umadevi's case. Hence the
appeal.
3.We have heard Mr.K.Raja, learned counsel appearing for the
appellant, Mr.G.T.Subramanian, learned counsel appearing for the
respondents 2 to 4 and Mr.Hasan Fizal, learned Additional Government
Pleader for the 1st respondent.
4.The facts are not in dispute. The petitioner was appointed
through employment exchange on 27.04.2000. He was relieved because of
non-sanctioning of post on 31.10.2003, by which time he had served for
more than 3 years and 6 months. Then said termination was challenged by
the petitioner. The said Writ Petition came to be disposed of on 24.06.2004
with a direction to the Corporation to reinstate the petitioner in the post in
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W.A.No.1727 of 2018
which, he was working before the relieving order was passed. It was also
observed that he would not be entitled to salary for a period from
01.11.2003 to 30.06.2004.
5.Soon after the order was passed by this Court, the Government
passed a G.O.Ms.No.292 on 06.08.2004, sanctioning establishment of the
Industrial Training Institute as well as staff for the Industrial Training
Institute. Therefore, on 09.09.2004, the petitioner was accommodated as an
Instructor in the Industrial Training Institute. He was appointed as a
Principal on 15.11.2006 and was also regularized and was brought under
the regular time scale of pay on 30.11.2009. It is not in dispute that the
Tamil Nadu Industrial Establishments (Conferment of Permanent Status to
Workmen) Act, 1981 would apply to the Corporation. Any employee, who
had complete 480 days of service within a period of two years is entitled to
permanent status.
6.This Court had applied the said Act to a similarly placed person
namely, T.Rajmohan who worked between 05.06.2000 and 21.01.2002. The
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W.A.No.1727 of 2018
order conferring the benefit of permenant status was challenged. Upon
challenge, the same was confirmed. So, the judgment in W.P.No.22088 of
2010 has become final. It is between the Corporation and another similarly
placed individual, who was also appointed on a consolidated pay. The
petitioner is actually in a better position. The petitioner joined on
27.04.2000 and worked till 23.06.2003, for three years and six months.
Therefore, he is entitled to the benefit of provisions of the Tamil Nadu
Industrial Establishments (Conferrment of Permanent Status to Workmen)
Act, 1981.
7.The Act provides for conferment of permanent status on a
person, who had worked on a consolidated salary in an Industrial
Establishment for a period of 480 days in 24 calander months. The facts are
not in dispute here. The petitioner has worked more than three years on a
consolidated salary as a temporary employee. Therefore, he would be
entitled to the benefits of the said enactment. Rejection of the Writ Petition
on the ground that the petitioner's initial appointment was irregular, in our
opinion, cannot be justified. We therefore, unable to uphold the view of the
Writ Court.
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W.A.No.1727 of 2018
8.Once it is found that the petitioner is entitled to the benefits of
the statutory enactment, the same has to be allowed. Hence, the Writ Appeal
will stand allowed. There will be a direction to treat the petitioner as a
regular employee with permanent status from the date on which he had
completed 480 days of employment. He should be brought into the time
scale of pay prescribed for the post of Instructor in the Industrial Training
Institute from the said date and he would be entitled all mandatory benefits
and his services would also accounted for his pensionery benefits. The
Corporation will work out the benefits and pay the same with a period of
twelve weeks from the date of receipt of a copy of this order. No costs.
(R.S.M.,J.) (S.S.K.,J.)
06.02.2023
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking order
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W.A.No.1727 of 2018
To:-
1.The Secretary,
Goverment of Tamil Nadu,
Municipal Administration and Water Supply Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Corporation of Greater Chennai,
Rippon Building, Chennai – 600 003.
3.The Deputy Commissioner (Education),
Corporation of Greater Chennai,
Rippon Building, Chennai – 600 003.
4.The Education Officer (Education Department),
Corporation of Greater Chennai,
Rippon Building, Chennai – 600003.
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W.A.No.1727 of 2018
R.SUBRAMANIAN, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
KKN
W.A.No.1727 of 2018
06.02.2023
https://www.mhc.tn.gov.in/judis
