Madras High Court
P.Maheswaran vs The Secretary on 15 April, 2025
W.P.(MD)No.22298 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 15.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.22298 of 2019
P.Maheswaran ... Petitioner
Vs
1.The Secretary,
Backward Class & Most Backward Class,
and Minorities Welfare Department,
Secretariat,
Fort St.George,
Chennai – 600 009.
2. The Commissioner,
Most Backward Class & Denotified
Community Welfare,
Ezilagam,
Chepauk, Chennai.
3. The District Backward Classes and
Minorities Welfare Officers,
Theni. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the
records in nr.K.M.vz;.43079/2006/J2 dated 16.03.2007 by which
1/15
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W.P.(MD)No.22298 of 2019
the third respondent regularized the service of the petitioner to time
scale and quash the same and further direct the first respondent to
regularize the service of the petitioner in Backward Classes Welfare
Government Boys Hostel from 01.07.1998 on the basis of the
G.O.No.67 dated 02.07.1998 issued by Backward Classes and Most
Backward Classes Welfare Department and granting all service
benefits.
For Petitioner : Mr.S.Vijayakumar
For Respondents : Mr.K.R.Badurin Zaman
Government Advocate
ORDER
Under assail in the order dated 16.03.2007 passed by the District
Backward Classes and Minority Welfare Officer, Theni.
2. The case of the petitioner is that he was appointed as a Cook in
the Backward Class Welfare Government Boys Hostel at Odaipatti on
10.04.1995 at consolidated pay of Rs.100/- per month. Later, the
Backward Classes and Minorities Welfare Government Boys Hostel has
been brought under the control of Backward Classes and Minorities
Welfare Officer, Theni District. The third respondent had revised the
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petitioner's pay from Rs.100/- to Rs.500/- per month by issuing an order
an order in N.K.24757/98 (J1) dated 06.08.1988 with effect from
01.07.1998. Later, the petitioner was brought under time scale of pay as
per the aforesaid order. As per the proceedings of third respondent dated
16.03.2007, clearly proves that there was already up to 14 vacancies
were existing from the year 1998. As per the G.O.(Ms)No.67 Backward
Classes, Most Backward Classes and Minorities Welfare Department
dated 02.07.1998 issued by the Backward Classes and Most Backward
Classes Welfare Department, the cooks who are all receiving
consolidated pay of Rs.500/- on 01.07.1998 are eligible to bring under
the time scale. The petitioner was receiving Rs.500/- per month as
consolidated pay on 01.07.1998. The respondents have failed to follow
G.O.(Ms)No.67 Backward Classes, Most Backward Classes and
Minorities Welfare Department dated 02.07.1998.
3. In an identical matter like this case, in Kallar Reclamation Boys
Hostel in Madurai District, three cooks who were appointed in the year
1994 was not brought under time scale from 01.07.1998 have filed a writ
petition in W.P.(MD)No.10241 of 2010 before this Court and obtained
favourable order on 13.03.2017 to regularize their service from
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01.07.1998. As against the order, the respondents chose to file a writ
appeal in W.A(MD)No.987 of 2017 and the Hon'ble Division Bench
dismissed the writ appeal and confirmed the learned Single Judge Order
on 24.07.2017. Thereafter, the first respondent issued G.O.No.75 dated
19.11.2018 and ordered to regularize their service from 01.07.1998.
Accordingly, their service were regularized and they have received all
their attendant benefits. The Kallar Reclamation is also a part coming
under the control of the first respondent and any order issued by the first
respondent is common to Backward Class Welfare Government Boys
Hostel and Kallar Reclamation School Boys and Girls Hostels. The
petitioner sent a representation to the respondents on 03.07.2019. Till
date no action has been taken in regularizing the petitioner's service from
01.07.1998. By suppressing and wrong interpretation of the fact of the
G.O.(Ms)No.67 Backward Classes, Most Backward Classes and
Minorities Welfare Department dated 02.07.1998, the third respondent
had regularized the petitioner's service from 16.03.2007. Three cooks
belongs to Kallar Reclamation whose services are subsequently
regularized by the first respondent, vide G.O.No.75 dated 19.11.2018.
They are appointed as cook in December 1994, whereas, the petitioner
has been appointed as cook in April 1995. The difference of appointment
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period between them is only four months. Hence, this writ petition is
filed.
4. The learned Counsel appearing for the petitioner would submit
that the order impugned dated 16.03.2007 issued by the third respondent
regularizing the service of the petitioner is contrary to G.O.(Ms)No.67
Backward Classes, Most Backward Classes and Minorities Welfare
Department dated 02.07.1998. The order came to be passed by
suppressing the fact of the G.O.(Ms)No.67 Backward Classes, Most
Backward Classes and Minorities Welfare Department dated 02.07.1998,
which categorically gives effect to regularize the service of the cooks
who are receiving consolidated pay of Rs.500/- on 01.07.1998. The
petitioner was regularized on 16.03.2007. Even though he received Rs.
500/- on 01.07.1998 is illegal against the principles of equity and to
strengthen his contention he has relied upon the judgment of Honourable
Division Bench in W.A.(MD)No.987 of 2017 dated 24.07.2017 to show
that the persons who are brought into regular time scale of pay were also
appointed only on consolidated pay and no grounds made out for treating
the petitioner at a different footing. He further submitted that the
petitioner sent a representation dated 03.07.2019 to the respondents and
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till date no action have been taken in regularizing his service from
01.07.1998 as did to the Kallar Reclamation cooks. To strengthen his
contention he also relied upon the judgment of this Court in W.P.
(MD)No.8830 of 2021 dated 08.07.2024 wherein the writ petitioners are
working as cooks on consolidated pay of Rs.500/- with effect from
01.07.1998. G.O.(Ms)No.67 Backward Classes, Most Backward Classes
and Minorities Welfare Department dated 02.07.1998 applies to them and
the same in automatic.
5. Per contra, the learned Additional Government Pleader
appearing for the respondents would submit that the petitioner was
sponsored through Employment Exchange and appointed as helper to
cook on consolidated pay with a condition that his appointment was
purely temporary and not governed by any service rules or adhoc rules.
Accepting the conditions, the petitioner joint as helper to cook on
10.04.1995 in consolidated pay of Rs.100/-. He further submitted that as
per G.O.(Ms)No.67 Backward Classes, Most Backward Classes and
Minorities Welfare Department dated 02.07.1998, the petitioner pay was
raised from Rs.100/- to Rs.500/- on 01.07.1998. Even though the
appointment was purely temporary basis in consolidated pay, it was
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regularized and brought under scale of pay with effect from 16.03.2007.
Therefore, the orders made are well reasoned.
6. It is seen from the records that the petitioner was originally
appointed as helper to cook on consolidated pay of Rs.100/- per month
on 10.04.1995. However as per G.O.(Ms)No.67 Backward Classes,
Most Backward Classes and Minorities Welfare Department dated
02.07.1998, the petitioner's pay was raised from Rs.100/- to Rs.500/- per
month with effect from 01.07.1998. A perusal of the order impugned
reveals that there was already up to 14 vacancies were existing from the
year 1998. The petitioner was brought under the time scale of pay vide
order impugned dated 16.03.2007. At this juncture, it is relevant to cite
the judgment of the Honourable Division Bench in W.A.(MD)No.987 of
2017 dated 24.07.2017 and relevant portion are observed as follows:
“5. The learned Judge rightly noted that the
persons who are brought into regular time scale of
pay were also appointed only on consolidated pay.
No grounds have been made out for treating the
writ petitions on a different footing. The question
of lack of vacancies also would not arise. The writ
petitioners were only working as Cooks even on
01.07.1998. Therefore, the learned Single Judge
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was right in directing the appellants herein to
regularize the service of the writ petitioners with
effect from 01.07.1998 with all consequential
benefits. We see no reason to interfere with the
order passed by the learned Single Judge.”
7. It is also relevant to cite the judgment of this Court in W.P.
(MD)No.8830 of 2021 and the same is extracted as follows:
“9.Fully fortified by the order and judgment
passed in the Writ Petition and Writ Appeal
respectively discussed supra, considering the fact that,
even in the instant case, the petitioners were working
as Cooks on a consolidated pay of Rs.500/~ per
month with effect from 01.07.1998, G.O.Ms.No.67
dated 02.07.1998, applies to them and the same is
automatic. Accordingly, the impugned order dated
03.03.2020 is quashed and consequently, the
respondents are directed to regularize the services of
the petitioners as Cooks with effect from 01.07.1998
and grant them time scale of pay from 01.07.1998 as
per G.O.Ms.No.67, Backward Classes and Most
Backward Classes Welfare Department, dated
02.07.1998 with all consequential service and
monetary benefits.
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8. It is seen from the typed set of papers that the petitioner sent his
representation dated 03.07.2019 requesting for his regularization with
effect from 01.07.1998. The grievance of the petitioner is that he has
been serving as cook on consolidated pay for Rs.500/- per month with
effect from 01.07.1998 and his claim for regularization of his service
with effect from 01.07.1998 has not been considered. However, lis in
hand is no more res integra, this Court in W.P.(MD)No.10241 of 2010
dated 13.03.2017 has dealt with the similar case and the relevant portion
is extracted as follows:
“ 3. The grievance of the petitioners is that they
have been serving as cooks on a consolidated pay
of Rs.500/~ (Rupees Five Hundred only) per month,
as on 01.07.1998. They have been denied the
benefits of G.O.No.67, dated 02.07.1998. The
petitioners were originally appointed on a
consolidated pay of Rs.100/~ (Rupees Hundred
only) on 08.12.1994 and 09.12.1994 respectively.
The consolidated pay was increased to Rs.500/~
(Rupees Five Hundred only) on 01.07.1998 as per
the Government Order cited above. The operative
portion of G.O.No 67 dated 02.07.1998 reads as
follows:~ - /-
4.NkNy gj;jp 3-y; fz;l Kbtpd;gb
gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh;
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eyj;Jiwapd; fl;Lg;ghl;by; ,aq;Fk; tpLjpfspy;
jw;NghJ khjy; &.500/- njhFg;G+jpak; ngWk;
rikayh;fis &.2550/- - 3200/- vd;w rk;gs
Vw;wKiwf;F cah;j;jpAk; NkYk;
gpw;gL;j;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh;
eyj;Jiw fl;Lghl;by; ,aq;Fk; tpLjpfspy;
jw;NghJ khjk; &.100 njhFg;G+jpak; ngWk;
rikay; cjtpahsh;fspd; khj njhFg;G
+jpaj;ij &.100 ypUe;J &.500/- Mf
cau;j;jpAk; MizapLfpwJ.
5. ,t;tpurhiz 01.07.1998 Kjy;
eilKiwf;F tUfpwJ.
5.Subsequently a clarification letter has been
issued to the Government of 20.10.1999, in
paragraph No. 2 of the said letter reads as
follows:~
2. 01.07.1998-f;Fg; gpwF njhlq;fg;gl;l
gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;Nlhh;
eyj;Jiwapd; fl;Lghl;by; ,aq;Fk;
gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh;
tpLjpfspy; khj njhFg;G+jpak; &.500/- kw;Wk;
&.100/- KiwNa xg;gspg;G nra;ag;gl;l
rikayh; rikay; cjtpahsh;fSf;F
Nkw;Fwpg;gplg;gl;l murhiz (epiy) vz;.67,
gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gL;j;jg;gl;Nlhh;
eyj;Jiw> ehs; 02.07.1998 nghUe;Jk; vd;Wk;
mt;turhiz eilKiwf;F te;j 01.07.1998f;Fg;
gpwF Jtq;fg;gLk; tpLjpfspy; rikayh; kw;Wk;
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rikay; cjtpahsh; ,lq;fspy;>
Vw;fdNt ,aq;fp tUk; tpLjpfspy; Nkw;gb
murhizapd;gb khjk; &.500/- njhFg;G+jpak;
ngWk; rikay; cjtpahsh;fis> rhpahd
Kjepiyapd;gb khjk; &.2550/- – 3200/- vd;w
rk;gs Vw;wKiw rikayh; ,lj;jpw;Fk;
Gjpajhf epakpf;fg;gLgtiu khjk; &.500/-
njhFg;G+jpak; ngWk; rikay cjtpahsuhf
epakdk; nra;Ak;gb njhptpf;fg;
gzpf;fg;gl;Ls;Nsd;.”
6.From the reading of the Government Order
as well as clarification letter, it is clear that even
persons who were appointed on consolidated pay of
Rs.500/~(Rupees five Hundred only) after
01.07.1998 are entitled to the benefits of G.O.No.67
dated 02.07.1998. Even from the impugned order, it
is clear that the petitioners were given the
consolidated pay of Rs.500/~(Rupees five Hundred
only) from 01.07.1998. Therefore they are entitled to
the benefits of G.O.No.67 dated 02.07.1998.
7.The first respondent in the impugned G.O.
(D).No.16, dated 15.03.2010 has said that the
petitioners services were regularised on a time
scale of pay depending upon the vacancies that were
available in the Kallar Reformation Schools. This
apparently has led to the first respondent
committing an error. The reading of the G.O.No.67
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dated 02.07.1998 shows that the regularisation is
not depending upon the availability of the
vacancies. The question of availability of vacancy
does not arise, since it is an admitted case that the
petitioners were infact working as cooks on the date
on which the Government Order was to take effect,
i.e., on 01.07.1998.
8.Therefore, the premise on which the first
respondent has proceeded appears to be incorrect.
Since the petitioners were working as cooks on a
consolidated pay of Rs.500/~ (Rupees five Hundred
only) on 01.07.1998, G.O.No.67 automatically
applies to them and they are entitled to put on the
timescale of pay on the said date. This is also
clarified by the letter dated 20.10.1999 wherein
Letter No.11084/BC1/98~2 Backward Classes/Most
Backward Classes and Minorities Welfare
Department. Therefore I am of the considered view
that the impugned order of the first respondent
cannot be sustained and the same is quashed. Rule
Nisi is made absolute.”
9.The first respondent is directed to regularise
the services of the petitioners with effect from
01.07.1998 with all attendants benefits. The said
exercise shall be completed within the period of
twelve weeks from the date of receipt of a copy of
this order.”
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9. In the instant case, the petitioner was working as Cook on
consolidate pay of Rs.500/- per month with effect from 01.07.1998 as per
G.O.(Ms)No.67 dated 02.07.1998, applies to him and the same is
automatic. Accordingly, the impugned order dated 16.03.2007 is quashed
and the respondents are directed to regularize the petitioner as cook with
effect from 01.07.1998 and to grant time scale of pay from 01.07.1998 as
per G.O.(Ms)No.67 Backward Classes, Most Backward Classes and
Minorities Welfare Department dated 02.07.1998 with all consequential
service and monetary benefits., within a period of twelve (12) weeks
from the date of receipt of a copy of this order.
10. With the above said direction, this Writ Petition is allowed. No
costs.
15.04.2025
Index : Yes / No
NCC : Yes / No
jbr
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To
1.The Secretary,
Backward Class & Most Backward Class,
and Minorities Welfare Department,
Secretariat,
Fort St.George,
Chennai – 600 009.
2. The Commissioner,
Most Backward Class & Denotified
Community Welfare,
Ezilagam,
Chepauk, Chennai.
3. The District Backward Classes and
Minorities Welfare Officers,
Theni.
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M.JOTHIRAMAN,J.
jbr
15.04.2025
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