Madras High Court
B.Shanthi vs The Principal Secretary on 3 October, 2023
W.P(MD)No.13683 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.10.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.13683 of 2021
and
W.M.P(MD)Nos.10624 & 10625 of 2021 and 1389 of 2022
B.Shanthi ... Petitioner
Vs.
1.The Principal Secretary,
Public (Ex-Service man Welfare) Department,
St.George Fort, Secretariat,
Chennai.
2.The Director,
Directorate of Ex-Servicemen's Welfare,
Chennai.
3.The Additional Director,
Directorate of Ex-Servicemen's Welfare,
No.22, Raja Muthiah Salai,
Chennai-600 003.
4.The Assistant Director,
Ex-Servicemen's Welfare Office,
Tirunelveli-627 002. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for records pertaining to the impugned Government order G.O.Ms.
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13683 of 2021
(2pa) No.67 Public (Ex-service men) department, dated 02.08.2018 and
impugned recovery proceedings of the 4th respondent vide Se.Mu.Aa.No.
2597/2018-A1, dated 01.06.2020 and quash the same as illegal and
devoid of merits and direct the 1st respondent to issue Government order
by declaring the completion of probation on 04.03.2009 AN and sanction
second and subsequent annual increments to petitioner in accordance
with law.
For Petitioner : Mr.Rajakarthikeyan
For Respondents : Mr.R.Suresh Kumar
Additional Government Pleader
ORDER
The writ petitioner was appointed as Junior Assistant in the 3rd
respondent department on 05.03.2007 on compassionate grounds.
According to the petitioner, he had completed all the departmental
examinations and his services were regularized from the date of his
appointment, namely 05.03.2007. During the probation period, the
petitioner has passed all departmental tests except the Foundational
Training at Civil Service Training Institute, Bhavanisagar. He was sent to
the Bhavanisagar training only on 28.06.2017. He did not successfully
complete the same and during re-examination, he got qualified himself
on 15.12.2017.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13683 of 2021
2. By way of impugned order, the 1st respondent herein has
declared the probation of the petitioner with effect from 15.12.2017. A
consequential order has been passed by the 3rd respondent on 01.06.2020
seeking to recover the excess amount that were paid to him treating that
his probation was declared in the year 2010 itself. These two orders are
under challenge in this writ petition.
3. According to the learned counsel appearing for the writ
petitioner, due to administrative reasons, he was offered training only
between June 2017 and August 2017 at Bhavanisagar. There was no fault
on his part for not undergoing the said training during the probation
period. Hence, the said fact cannot be attributed to the writ petitioner and
probation cannot be declared from 15.12.2017. On the other hand, the
probation has to be declared with effect from 05.03.2010. The learned
counsel for the petitioner relied upon the judgment of this Court made in
W.P.No.28642 of 2013, dated 26.04.2017 in (R.Paul Gunasekaran Vs.
The State of Tamil Nadu, Represented by the Secretary) to the effect
that where the candidate has undergone the training at Bhavanisagar
belatedly and delay is not attributable to the employee, the said fact
cannot be put against the candidate at the time of declaring probation.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13683 of 2021
4. Per contra, the learned Additional Government Pleader
appearing for the respondents had contended that the petitioner had been
erroneously granted increment even before declaration of probation and
therefore, the impugned order, dated 01.06.2020 came to be passed
recovering the said excess amount to a tune of Rs.5,77,883/- (Rupees
Five Lakh Seventy Seven Thousand Eight Hundred and Eighty Three
only). Hence, he prayed for sustaining the order passed by the
authorities.
5. I have carefully considered the submissions made on either side
6. A perusal of the order impugned in the writ petition dated,
02.08.2018 reveals that due to administrative reasons, belatedly the writ
petitioner was referred to Bhavanisagar training only in June 2017.
Therefore, it is clear that there was no fault on the part of the writ
petitioner in not undergoing training within the probation period. In view
of the above said facts, this Court is inclined to quash the order, dated
02.08.2018 with a direction to the authorities concerned to declare the
probation of the writ petitioner with effect from 05.03.2010 instead of
15.12.2017.
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W.P(MD)No.13683 of 2021
7. As far as the impugned order, dated 01.06.2020 is concerned,
the said order is passed upon the fact that even before the declaration of
probation, increments have been awarded to the writ petitioner. In view
of quashing of order, dated 02.08.2018, the order dated 01.06.2020 is
hereby set aside and the matter is remitted back to the file of the 4th
respondent herein to reconsider the same in the light of the quashing of
order, dated 02.08.2018.
8. In view of the above said deliberations, this writ petition is
partly allowed setting aside the order, dated 02.08.2018 and with a
direction to the 1st respondent to declare the probation of the writ
petitioner with effect from 05.03.2010. As far as the second prayer for
quashing the order, dated 01.06.2020 is concerned, the said order is set
aside and the matter is remitted back to the file of the 4th respondent
herein for reconsideration within a period of eight (8) weeks from the
date of receipt of a copy of this order.
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W.P(MD)No.13683 of 2021
9. With the above said observations, this writ petition stands partly
allowed. Consequently, connected Miscellaneous Petitions are closed.
03.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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To
1.The Registrar,
Tamil Nadu Teachers Education University,
Lady Willington College Campus,
Kamarajar Salai,
Chennai-600 005.
2.The Controller of Examinations,
Tamil Nadu Teachers Education University,
Lady Willington College Campus,
Kamarajar Salai,
Chennai-600 005.
3.The Principal,
Sri Vidya College of Education,
Sivakasi Main Road,
P.Kumaralingapuram, Virudhunagar.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13683 of 2021
R.VIJAYAKUMAR ,J.
gbg
Order made in
W.P(MD)No.13683 of 2021
Dated:
03.10.2023
https://www.mhc.tn.gov.in/judis
