Madras High Court
C.Krishnan vs State Of Tamil Nadu on 28 November, 2023
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.No.216 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.216 of 2022
&
W.M.P.Nos.246 and 247 of 2022
C.Krishnan ...Petitioner
-Vs-
1. State of Tamil Nadu
Rep. By its Secretary
Animal Husbandry, Dairy and Fisheries Department
Fort St.George
Chennai – 600 009
2. The Director of Animal Husbandry and Veterinary Services
Veterinary Hospital Campus
Nandanam
Chennai – 600 035
3. The Regional Joint Director
Animal Husbandry Department
Erode, Erode District
4. The Assistant Director
Animal Husbandry Department
Gobichettipalayam Division
Erode District
1/11
https://www.mhc.tn.gov.in/judis
W.P.No.216 of 2022
5. The Principal Accountant General (Accounts & Entitlements)
AG's Office Complex
361, Anna Salai, Teynampet
Chennai – 600 018
6. The Director of Treasuries and Accounts
Panakal Building
Saidapet
Chennai – 600 015 ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorarified Mandamus calling for the records of
the 1st respondent in G.O.Ms.No.117 dated 28.08.2008 so far as regularizing
the services of the petitioner with effect from 28.08.2008 is concerned and
consequential order of the 4th respondent in Na.Ka.No.2117/A1/2021 dated
03.12.2021 and quash the same and accordingly direct the respondents to
regularize the services of the petitioner with effect from 01.07.1999 in
accordance with the judgment of the Hon'ble Division Bench in
W.A.No.1271 of 2012 dated 23.04.2014 and Government orders
implementing the same in G.O.Ms.No.49 dated 20.02.2013 and
G.O.Ms.No.185 dated 22.09.2015 and accordingly continued the petitioner
only under the Old Pension Scheme.
For Petitioner : Ms.A.Pramila
For Respondents : Mr.S.Silambanan
Additional Advocate General
Assisted by Mr.M.Bindran
Addl. Govt. Pleader for R1 to R4
Mr.V.Arunachalesh
2/11
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W.P.No.216 of 2022
for Ms.J.Sree Vidya
Standing Counsel for R5
R6 served (No Appearance)
ORDER
The petitioner herein had originally joined the respondent Department
on a daily wages basis. On completion of ten years of service, he had sought
for regularization of his services. The issue went upto the Tamil Nadu
Administrative Tribunal and by virtue of orders passed therein in
O.A.No.1363 of 2000, directions were issued to the respondents to consider
the petitioner's request for regularization. Accordingly, the first respondent
herein had passed orders, regularizing the petitioner's services through
G.O.Ms.No.117, Animal Husbandry, Dairying and Fisheries (AH7)
Department, dated 28.08.2008, with effect from the date of the Government
Order. Challenging the same, the present writ petition has been filed, insofar
it relates to the date of regularization.
2. According to the learned counsel for the petitioner, since the
petitioner's services were regularized in accordance with the orders of the
Tribunal and such regularization should revert back to the date of his original
appointment and not from the date of the Government Order. The learned
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counsel also placed reliance on cases of similar employees whose services
have been regularized from the date of original appointment as well as the
orders passed by Hon'ble Division Bench as well as Hon'ble single Judges of
this Court.
3. Per contra, the learned Additional Advocate General placed reliance
on the averments in the counter affidavit and submitted that orders passed in
identical cases would apply only to the concerned individual and the
petitioner cannot take advantage of such orders. The learned Additional
Advocate General also submitted that the petitioner would not be entitled to
monetary benefits in view of similar order being passed in W.P.No.12086 of
2020 [C.Chinappa Vs. The Government of Tamil Nadu, Animal
Husbandry, Dairy and Fisheries Department] dated 28.06.2023 wherein the
arrears of pay was denied while regularization was ordered and therefore, the
petitioner is not entitled for any arrears of pay.
4. This is not an isolated case wherein the employees have approached
this Court seeking for regularization from the date of initial appointment of
their services. An Hon'ble Division Bench of this Court had passed an order
in W.A.No.1887 of 2019 [State of Tamil Nadu, Animal Husbandry, Dairy
and Fisheries Department Vs. V.Vilvanathan] dated 14.02.2023, upholding
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the orders of the learned single Judge whereby the regularization was granted
from the date of initial appointment, together with all service and monetary
benefits. In the said decision of the Hon'ble Division Bench, reliance was
placed on an earlier and similar order passed by this Court in WP.No.22168
of 2009 granting similar relief, which was confirmed in WA.No.2861 of 2018
dated 21.12.2018. The order passed in V.Vilvanathan's case read as follows:
“The prayer in the Writ Petition reads as follows:
"The prayer in the writ petition is for a Writ of certiorarified
mandamus calling for the records on the file of the 1st respondent in
G.O.Ms.No.117, Animal Husbandry Dairying and Fisheries (AH7)
Department, dated 28.8.08 and on the file of the 4th respondent in
proceedings 1.Naka.No.3895/A/08-1 dated 19.09.2008,
2.Na.Ka.No.3895/A/2008, dated 07.10.2008 and 3. Na.Ka.No.3895/A/08-
2, dated 07.10.2008 quash the same and direct the respondents to
regularize the services of the petitioner with effect from 20.08.1998 the
date of joining in the regular post as Animal Husbandry Assistant and
direct the respondents to sanction increment with effect from 01.07.1999
with all consequential service and monetary benefits."
2. The facts are not in dispute. The respondent was appointed as a
casual labourer on 26.12.1987. Having completed 10 years of service as
casual labourer, the respondent was entitled to regularisation. Pursuant
to the orders of the State Administrative Tribunal, the second appellant
passed orders on 20.08.1998, regularising the services of the respondent
as Animal Husbandry Assistant. Since subsequently the Government
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orders attempted to take away the right of the respondent, the respondent
approached this Court with the above prayer.
3. The Writ court had relied upon the order made by it in
WP.No.22168 of 2009 and allowed the Writ Petition based on the
conclusion on terms as indicated in Paragraphs 14 and 15 of the order in
WP.No.22168 of 2009. The said paragraphs read as follows:
"14. Therefore, this Court has no hesitation to hold that the
denial of the benefits of regularising of the services of the petitioner
from the date of appointment or the date actually the petitioner was
brought into time scale of pay, is totally unsustainable in law and
therefore, the contentions made in this regard on behalf of the
respondents are liable to be rejected and accordingly, is rejected.
15. In the result, the writ petition is allowed. The respondents
are directed to regularise the service of the petitioner from the date
of appointment or the date on which the petitioner was brought into
time scale of pay. Once the petitioner is entitled to get his service
regularised as above, needless to say that the petitioner shall also be
eligible to get all service benefits including periodical increment in
pay. Therefore, the respondents are directed to calculate the said pay
difference, pay arrears after calculating increment to be paid to the
petitioner and pay the same to the petitioner. All the aforesaid
directions shall be complied with by the respondents within a period
of three months from the date of receipt of a copy of this order. No
costs."
4. When this appeal was taken up for hearing the learned
counsel appearing for the respondent has produced the judgment of the
Division Bench of this Court in WA.No.2861 of 2018 dated 21.12.2018.
A perusal of the same shows that the said appeal was filed against the
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order in WP.No.22168 of 2009, which has been relied upon by the Writ
Court to allow this Writ Petition. We find from the judgment of the
Division Bench that the appeal has been dismissed confirming the
judgment of the Writ Court.
5. In view of the above, nothing remains to be adjudicated in
this appeal and this appeal is also dismissed following the decision of
the Division Bench of this Court in W.A.No.2861 of 2018. The
Government will implement the order of the Writ Court within a period
of twelve weeks from the date of receipt of a copy of this order. No
costs. Consequently, connected miscellaneous petition is closed. “
5. I had an occasion to pass similar orders in W.P.No.30268 of 2022
[T.David and others Vs. State of Tamil Nadu, Rep by its Secretary,
Public Works Department and Others], dated 08.11.2023 wherein the
services of the employees of Public Works Department, were regularized
from the date of their initial appointment and on completion of 10 years of
service as causal labourers / NMRs and all the service and monetary benefits
including the arrears of pay was also extended to the concerned employees.
6. When the Hon'ble Division Bench of this Court has already taken a
view that such regularisation can be extended to a temporary / casual
employees on completion of 10 years with effect from the date of their initial
appointment, together with all the service and monetary benefits, merely
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because another single Judge has denied the arrears of pay will not disentitle
the petitioner to claim for such arrears of pay.
7. Though the petitioner claims that he was initially appointed in the
year 1988, there is absolutely nothing on record to substantiate such a
statement. As as matter of fact, when such a claim was also made before the
Tamil Nadu Administrative Tribunal, the same was rejected in the order
passed in O.A.No.1363 of 2000 dated 06.03.2000. However, the respondents
herein have admitted that the petitioner was appointed as a Temporary
Animal Husbandry Assistant on 16.06.1999. As such, the petitioner's entry
into services of the respondent Department can be construed as 16.06.1999
and period of 10 years can be calculated therefrom. If such a calculation is
made, the petitioner would be entitled to regularisation from 16.06.1999
onwards.
8. Pursuant to the order of regularisation, the respondents herein, had
brought the petitioner under the New Pension Scheme even though he was all
along under the Old Pension Scheme. Now that this Court has found that
petitioner would be entitled to regularisation of his services from 1999,
which is prior to the cut off date 01.04.2003, he would be entitled to be
continued under the Old Pension Scheme and therefore, the consequential
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order passed in this regard cannot be sustained.
9. For all the foregoing reasons, the writ petition stands allowed and
the impugned order dated 03.12.2021 bearing reference
Na.Ka.No.2117/A1/2021 is quashed. Consequently, there shall be a direction
to the respondents to pass an appropriate orders, regularizing the services of
the petitioner with effect from 16.06.1999 and thereby extend all the service
and monetary benefits including arrears of pay therefrom. Such order shall
be passed at least within a period of eight weeks from the date of receipt of a
copy of this order. No costs. Consequently, connected miscellaneous
petitions are closed.
28.11.2023
Index:Yes
Internet:Yes
gpa
https://www.mhc.tn.gov.in/judis
To
1. The Secretary
Animal Husbandry, Dairy and Fisheries Department
Fort St.George
Chennai – 600 009
2. The Director of Animal Husbandry and Veterinary Services
Veterinary Hospital Campus
Nandanam
Chennai – 600 035
3. The Regional Joint Director
Animal Husbandry Department
Erode, Erode District
4. The Assistant Director
Animal Husbandry Department
Gobichettipalayam Division
Erode District
5. The Principal Accountant General (Accounts & Entitlements)
AG's Office Complex
361, Anna Salai, Teynampet
Chennai – 600 018
6. The Director of Treasuries and Accounts
Panakal Building
Saidapet
Chennai – 600 015
https://www.mhc.tn.gov.in/judis
M.S.RAMESH,J.
gpa
W.P.No.216 of 2022 &
W.M.P.Nos.246 and 247 of 2022
28.11.2023
https://www.mhc.tn.gov.in/judis
