Madras High Court
The State Of Tamilnadu vs Kaleeswaran ... 1St on 3 July, 2023
W.A.(MD)No.963 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD)No.963 of 2023
and
C.M.P.(MD)No.7601 of 2023
1.The State of Tamilnadu,
The Principal Secretary to Government,
School Education Department,
St.George Fort, Chennai-600 009.
2.The Director Project Co-ordination,
Chief Educational Officer,
Sivagangai, Sivagangai District.
3.The District Collector,
Sivagangai, Sivagangai District. ... Appellants / Respondents 1 to 3
Vs.
1.Kaleeswaran ... 1st Respondent / Writ Petitioner
2.The Head Master,
UT/RMSA Model School,
S.Pudur, Singampunari,
Sivagangai District. ... 2nd Respondent / 4th Respondent
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.963 of 2023
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court
to set aside the order dated 08.11.2022 made in W.P.(MD)No.1136 of 2020 on the
file of this Court.
For Appellants : Mr.D.Sadiq Raja,
Additional Government Pleader
For R1 : Mr.S.Muthupandi
JUDGMENT
(Judgment of the Court was delivered by
D.BHARATHA CHAKRAVARTHY, J.)
This Writ Appeal is directed against the order of the learned Single
Judge dated 08.11.2022 made in W.P.(MD)No.1136 of 2020, in and by which, the
Writ Petition filed by the 1st respondent was allowed by setting aside the order
impugned in the Writ Petition and directing the appellants to pay a sum of
Rs.9,700/- (Rupees Nine Thousand and Seven Hundred Only) as his monthly
consolidated pay.
2.Heard Mr.D.Sadiq Raja, learned Additional Government Pleader for
the appellants, who would submit that the 1st respondent was only on a contract
employment, wherein his remuneration has been clearly fixed and having agreed
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.963 of 2023
for the said remuneration, he cannot thereafter ask for enhancement and his case
cannot be compared to that regular employee and no regularization can be given.
3.We have given our anxious consideration to the said submission made
by the learned Additional Government Pleader for the appellants.
4.It can be seen that a sum of Rs.6,000/- (Rupees Six Thousand Only)
was fixed in the year 2010 and the learned Single Judge, after taking into account
that the persons, who are working as regular Librarian, are drawing pay starting
from Rs.9,700/-, has directed re-fixation at Rs.9,700/- and directed the payment of
arrears. Further, it could be seen from paragraph No.6 of the counter affidavit
filed by the 2nd appellant in the Writ Petition that the 1st respondent / writ
petitioner was permitted to join duty as Librarian after a due selection process.
5.Firstly, the principle of 'Equal Pay for Equal Work' would apply. Just
because the contract was entered in the year 2010, the remuneration cannot be
taken to be continued eternally. Secondly, if a sum of Rs.6000/- is given, that
would be lesser than the minimum wages and would be extremely unfair.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.963 of 2023
6.In that view of the matter, we are unable to accept the submissions
made by the learned Additional Government Pleader for the appellants and finding
no merits, this Writ Appeal stands dismissed. At this juncture, it is represented by
the learned Additional Government Pleader for the appellants that since the
Contempt Petition is pending, the appellants seek some more time for compliance
of the order of the learned Single Judge. Therefore, eight weeks time is granted to
the appellants to comply with the order of the learned Single Judge. No costs.
Consequently, connected miscellaneous petition is closed.
(S.V.N., J.) & (D.B.C, J.)
03.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.963 of 2023
S.VAIDYANATHAN, J.
AND
D.BHARATHA CHAKRAVARTHY, J.
Yuva
W.A.(MD)No.963 of 2023
03.07.2023
https://www.mhc.tn.gov.in/judis
