Madras High Court
V.Vasudevan vs The Government Of Tamil Nadu on 10 February, 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.P No.7335 of 2019
V.Vasudevan ..... Petitioner
Vs.
1.The Government of Tamil Nadu
Rep. by Secretary to the Government,
School Education Department,
Fort.St.George, Chennai -9.
2.The Secretary,
Government of Tamil Nadu,
Finance Department,
Fort.St.George, Cehnnai-9.
3.The Director of Public Libraries
Anna Salai, Chennai -2
4.The District LIbrary Officer,
Vellore District,
Vellore. .... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue
a Writ of Mandamus directing the respondents to extend the benefit of
G.O.Ms.No.385 Finance (Pay Cell) Department dated 01.10.2010 to the
petitioner and issue a consequential direction to the respondents to provide
special time scale of pay as given in the above said government Order from
15.09.2010 to the petitioner and to grant arrears of salary.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 06:43:32 pm )
For Petitioner : Mr.R.Saseetharan
For Respondents : Mr.T.Cheziyan, AGP
ORDER
This Writ Petition has been filed by the petitioner seeking a Writ of
Mandamus to direct the respondents to extend the benefit of G.O.Ms.No.385
Finance (Pay Cell) Department dated 01.10.2010 to the petitioner and issue a
consequential direction to the respondents to provide a special time scale of pay
as given in the above said government Order from 15.09.2010 to the petitioner
and to grant arrears of salary.
2.Heard Mr.R.Saseetharan, learned counsel for the petitioner,
Mr.T.Cheziyan, learned Additional Government Pleader for respondents and
perused the materials available on record.
3.The petitioner has been paid with a consolidated pay for his part time
librarian post on and from 01.01.2006. Later it has been raised to Rs.1995/- on
01.11.2015. Despite the petitioner had served for more than 15 years, he has not
been given with any time scale pay in accordance with the government order in
G.O.Ms.No.385 Finance (pay cell) Department dated 01.10.2010 and G.O.(2D)
No.10 School Education Department dated 15.02.2017.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 06:43:32 pm )
4. On perusal of the government order issued G.O.Ms.No.385 Finance (pay
cell) Department dated 01.10.2010. The head of the departments were requested
to send a proposal to the government for approving special time scale of pay for
persons who are working as daily wagers or on consolidated pay for three years.
The said Government Order has been passed for the benefit of sanitary workers.
But however the petitioner also claims the very same relief by claiming parity.
5. The learned Additional Government Pleader for the respondent
submitted that the petitioner is not eligible to get the government order issued in
G.O.Ms.No.385 Finance (pay cell) Department dated 01.10.2010 which is a
special government order issued for the benefit of the sweepers to come under the
sanitary workers' classification.
6 The attention was drawn to the judgment of the Hon’ble Supreme Court
in Jawaharlal Nehru Technological University Vs. T.Sumalatha (SMT) and
others report in (2003) 10 Supreme Court Cases 405, wherein it is held that the
payment should not be on a meager salary for years together to the employees
who are working on a temporary or consolidated basis and that even the
consolidated salary should be increased to a level commensurate to the work
done by the persons who are performing similar nature of work. Even in the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 06:43:32 pm )
instant case, the consolidated salary fixed for the petitioners is lower than the
minimum salary that was being paid to the daily wagers of other departments
who are doing the mineal work.
7. Despite the petitioner has been working for several years on a meager
consolidated pay no government order has been passed and a scheme has been
made either to fix a special time scale of pay for the petitioners and similarly
placed persons or to regularize their services. Since whatever pay that is being
now given to the petitioner is much below the minimum living standards of an
individual, I feel it is appropriate for the respondents with all benevolence to
revise the salary or to fix a special time scale of pay as requested by the
petitioner.
In the result, this writ petition is disposed and the respondents are directed
to consider the representation of the petitioner dated 01.03.2018, and pass a
reasonable orders within a period of four weeks in the light of the above
observation.
10.02.2025
jrs
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 06:43:32 pm )
Index : Yes
Internet : Yes/No
Speaking/Non- Speaking
Neutral: Yes/No
To
1 The Managing Director and Chief
Executive Officer, IDBI Bank Limited
Corporate Centre, IDBI Tower Cuffe Parade,
Mumbai.
2 Deputy General Manager
Pf And Gratuity Section Administration
Department Corporate Centre IDBI Bank
Limited, IDBI Tower Cuffee Parade, Mumbai.
3 The Regional Head,
IDBI Bank Ltd., Regional Office,
Greams Road,Mount Road,
Chennai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 06:43:32 pm )
R.N.MANJULA, J.
jrs
10.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 06:43:32 pm )
