Madras High Court
The State Of Tamilnadu vs P.Saroja on 23 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD) No.881 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.881 of 2021
and C.M.P.(MD) No.3943 of 2021
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
School Education Department,
Secretariat, Chenni – 9.
2.The Director of School Education,
College Road,
Chennai - 6.
3.The District Educational Officer,
Musiri,
Musiri Taluk,
Trichy District. ... Appellants/Respondents 1 to 3
-Vs.-
P.Saroja ... Respondent/Writ Petitioner
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 12.02.2021 made in W.P.(MD)No.5960 of 2018
on the file of this Court.
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.881 of 2021
For Appellants : Mr.T.Amjadkhan
Government Advocate
For Respondent : Mr.D.Selvanayagam
****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Heard Mr.T.Amjadkhan, learned Advocate, appearing for the
appellants and also Mr.D.Selvanayagam, learned counsel appearing for
the respondent-writ petitioner.
2. The Government has come forward to file this Writ Appeal,
being aggrieved by the direction issued in the writ petition by directing
the husband of the respondent-writ petitioner to be brought under regular
service from 14.10.1966 to 30.06.2007 and disburse all the retirement
benefits as on 30.06.2007 and also to pay the arrears of family pension
from 01.07.2007 till date and continue to pay the arrears of family
pension thereafter. The Court further directed to pay arrears together with
interest at the rate of 3% per annum within a period of twelve weeks
from the date of receipt of a copy of that order.
https://www.mhc.tn.gov.in/judis
3. In our considered view, such a direction could not have been
issued because the husband of respondent-writ petitioner has not worked
as a daily wage employee on consolidated pay, but has worked as part
time Sweeper in a non-sanctioned post. G.O.Ms.No.22, Personnel and
Administrative Reforms (F) Department, dated 28.02.2006 was issued
based upon the announcement made by the then Hon'ble Chief Minister
on 28.02.2006, by which, the Government took a decision that the
services of the daily wage employees working in all the Government
departments who have rendered ten years as on 01.01.2006 be
regularized by appointing them in the time scale of pay of the post in
accordance with the service conditions prescribed for the post concerned
subject to the condition that they are otherwise qualified to the post.
4. As already observed, the decision to regularize temporary
employees who were completed ten years of service working in various
Government departments, is the policy decision taken by the Government
and therefore, the Court cannot add conditions which are not prescribed
in the Government order. Therefore, the direction issued in the writ
petition called for interference.
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5. Accordingly, the Writ Appeal is allowed and the order passed
in the writ petition is set aside. No costs. Consequently, connected Civil
Miscellaneous Petition is closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 23.11.2023
Index :Yes/No
SJ
To
1.The Secretary to Government,
School Education Department,
State of Tamilnadu,
Secretariat, Chenni – 9.
2.The Director of School Education,
College Road,
Chennai - 6.
3.The District Educational Officer,
Musiri,
Musiri Taluk,
Trichy District.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
23.11.2023
https://www.mhc.tn.gov.in/judis
