Madras High Court
V.Balamurugan vs The District Collector on 19 September, 2024
Author: R.Subramanian
Bench: R.Subramanian
2024:MHC:3492
W.A.(MD) No.1077 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)No.1077 of 2022
V.Balamurugan ... Appellant
-vs-
1.The District Collector,
Dindigul District,
Dindigul.
2.The Block Development Officer (Village Panchayat),
Block Development Office,
Aathoor @ Sempatti,
Sempatti Post,
Dindigul District.
3.The President,
Village Panchayat,
Bodikkamanvadi,
Aathoor Taluk,
Dindigul District. ... Respondents
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W.A.(MD) No.1077 of 2022
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,
dated 01.03.2022, passed in W.P.(MD)No.5300 of 2021.
For Appellant : Mr.K.Ponnaiah
for M/s.Ajmal Associates
For R1 and R2 : Mr.S.R.A.Ramachandran
Additional Government Pleader
For R3 : Mr.A.K.Manickam
Special Government Pleader
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The challenge in this Writ Appeal is against the order of the learned
Single Judge, in W.P.(MD)No.5300 of 2021, dated 01.03.2022, which upheld the
rejection of the appellant's claim for compassionate appointment.
2. The brief facts that led to the filing of the Writ Petition are as
follows:-
2.1. The father of the appellant namely, P.Veeraiyan was appointed as a
Sweeper in the third respondent Panchayat on and from 01.11.1993 on a
consolidated salary of Rs.170/- per month.
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2.2. It is seen from the Service Register of the deceased P.Veeraiyan that
he had served in that capacity till his death i.e., on 25.04.2019. He was brought
under special time scale of pay as per G.O.(Ms)No.39, Rural Development and
Panchayat Raj (E5) Department, dated 07.05.2013, with effect from 22.08.2013.
2.3. Following his father's death, i.e., on 25.04.2019, the appellant, who
is the son of the deceased employee, sought for compassionate appointment. The
claim was rejected by the second appellant on 27.01.2021 on the ground that his
father's services were not regularized and he was not placed on a regular time
scale of pay, making the appellant ineligible for compassionate appointment as
per G.O.(Ms)No.18, Labour and Employment (Q1) Department, dated
23.01.2020.
2.4. The said rejection order was subject matter of challenge in the Writ
Petition.
3. The Writ Court concluded that compassionate appointment is not a
bounty and cannot be granted merely for the asking. The Writ Court chose to rely
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upon various pronouncements of the Hon'ble Supreme Court to buttress its
conclusions.
4. Since the Writ Court had held that no document has been produced to
show that the father of the appellant was working as a regular employee, we had
directed the respondents to produce the Service Register of the father of the
appellant / deceased employee.
5. The original Service Register of the father of the appellant has been
placed before us. The order appointing him does not indicate that he was
appointed to a temporary post; it only states that his salary was fixed at Rs.170/-
per month. We also find from the entries that he has served in that capacity
without any break till his death on 25.04.2019, i.e., for a period of at least 26
years.
6. The posts of Sweepers are governed by the Tamil Nadu Basic Service
Rules, which enumerate 86 categories of posts as part of the basic service. The
post of Sweeper is listed as Serial No.12 in the said Rules.
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7. While considering the issue relating to regularisation of Government
Servants under G.O.(Ms)No.22, Personnel and Administrative Reforms (F)
Department, dated 28.02.2006 and the impact of G.O.(Ms)No.74, Personnel and
Administrative Reforms (F) Department, dated 27.06.2013, a Full Bench of this
Court in M.Sivappa vs. The State of Tamil Nadu, Rep. by its Principal
Secretary, Rural Development Department and four others reported in 2024
(1) WLR 321 [W.P.No.23823 of 2023, dated 26.02.2024] to which, one of us
[R.SUBRAMANIAN, J.] was a Member, had held that the appointment of
temporary employees to posts in the Tamil Nadu Basic Service itself is improper.
After considering the scope of G.O.(Ms)No.74, dated 27.06.2013 and G.O.
(Ms)No.22, dated 28.02.2006, the Full Bench had held that if the appointment is
made to any one of the 86 categories of posts enumerated in the Tamil Nadu Basic
Service, immaterial of the fact that whether the appointment is part time or full
time, the employees would be entitled to regularisation.
8. In the case on hand, we find that the father of the appellant was
brought under special time scale of pay with effect from 22.08.2013 pursuant to
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G.O.(Ms)No.39, Rural Development and Panchayat Raj (E5) Department, dated
07.05.2013. The operative portion of G.O.(Ms)No.39, dated 07.05.2013, reads as
follows:-
''3. Cuf tsh;r;rp kw;Wk; Cuhl;rp Mizahpd;
fUj;JUtpid muR ftdKld; Ma;T nra;jJ. mjd;gb> NkNy
xd;whtjhfg; gbf;fg;gl;l murhizapy; ntspaplg;gl;l
epge;jidfSf;F cl;gl;L> 15.09.2010-k; ehsd;W %d;W Mz;Lfs;
gzp Kbj;j gpw;Nrh;f;ifapy; fhzg;gLk; Jg;GuTg; gzpahsh;fs;
fpuhk Cuhl;rpapy; gzpGhpAk; 9896 egh;fs;> Cuhl;rp xd;wpaq;fspy;
gzpGhpAk; 187 egh;fs;> muR mYtyfq;fspy; gzpGhpAk; 18 egh;fs;
MfpNahh;fis Kiwahd gzpaplj;jpw;F nfhz;LtUk; nghUl;L>
mt;tif gzpahsh;fspd; gzpaplq;fis> rpwg;G fhyKiw Cjpak;
ngWk; gzpaplq;fshf xg;gspf;fr; nra;ayhk; vdf; fUjp> muR
mt;thNw MizapLfpwJ.'' (Emphasis supplied)
9. A reading of the above would show that the persons, who are working
as Sweepers in the Panchayats were placed under a special time scale of pay with
the intention of regularizing their services and integrating them into the regular
service. If that is the Government's intention, then, Sweepers granted a special
time scale of pay should be considered as regular employees for all practical
purposes. Therefore, the ground on which the appellant's claim was rejected by
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the authority and confirmed by the Writ Court is imaginary, stemming from a
misinterpretation of G.O.(Ms)No.39, Rural Development and Panchayat Raj (E5)
Department, dated 07.05.2013.
10. No doubt, compassionate appointment cannot be considered a
bounty. At the same time, the benefit should be extended to the deserving heirs of
individuals, who had served the Government. As we had already pointed out, the
father of the appellant served the Government as a Sweeper for 26 long years
without any break. Denying the benefit to such a person would, in our opinion,
project the Government as well as this Court in a bad light.
11. We do not find that the attention of the Writ Court was drawn to the
language of G.O.(Ms)No.39, Rural Development and Panchayat Raj (E5)
Department, dated 07.05.2013. If an employee is placed under a special time
scale of pay with the intention of recognizing him / her as a regular employee,
then, that individual will be entitled to the benefits available to regular
employees. Hence, we are unable to sustain the order of the Writ Court.
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12. The Writ Appeal will stand allowed. The order of the Writ Court as
well as the order impugned in the Writ Petition will stand quashed. There will be
a direction to the respondents to provide compassionate appointment to the
appellant as per G.O.(Ms)No.18, Labour and Employment (Q1) Department,
dated 23.01.2020. Let the needful will be done within a period of 12 weeks from
the date of receipt of a copy of this judgment. No costs.
NCC : Yes [R.S.M., J.] [L.V.G., J.]
Index : Yes 19.09.2024
smn2
To
1.The District Collector,
Dindigul District,
Dindigul.
2.The Block Development Officer (Village Panchayat),
Block Development Office,
Aathoor @ Sempatti,
Sempatti Post,
Dindigul District.
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3.The President,
Village Panchayat,
Bodikkamanvadi,
Aathoor Taluk,
Dindigul District.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
smn2
19.09.2024
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