Madras High Court
K. Kannan vs The State Of Tamil Nadu on 25 January, 2019
Author: C.Saravanan
Bench: C.Saravanan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD)No.10175 of 2014
and
M.P.(MD)No.1 of 2014
K. Kannan ... Petitioner
-Vs-
1.The State of Tamil Nadu
Rep. by its Secretary to Government,
Revenue Department,
Secretariat, Chennai -9
2.The Commissioner for Revenue Administration,
Chepauk, Chennai – 5.
3.The District Collector,
Ramanathapuram,
Ramanathapuram District.
4.The Tahsildar,
Taluk Office,
Kamuthi,
Ramanathapuram District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a writ of Certiorarified mandamus, to call for the
records relating to the impugned order passed by the 1st respondent
in his proceedings G.O.(1D) No.38, Revenue [Work – 6(2)]
Department dated 31.01.2014 and quash the same as illegal and
http://www.judis.nic.in
2
consequently to direct the respondents to regularize the service of
the petitioner in the cadre of Junior Assistant and confer the time
scale of pay in the light of G.O.Ms.No.151 Social Welfare
Department, dated 16.10.2008, within the period that may be
stipulated by this Court.
For Petitioner : Mr.C. Venkateshkumar
for M/s. Ajmal Associates
For Respondents : Mr.A.Thiyagarajan,
Government Advocate
ORDER
This Writ Petition has been filed to call for the records relating to the impugned order passed by the 1st respondent in his proceedings G.O.(1D) No.38, Revenue [Work – 6(2)] Department dated 31.01.2014 and quash the same as illegal and consequently to direct the respondents to regularize the service of the petitioner in the cadre of Junior Assistant and confer the time scale of pay in the light of G.O.Ms.No.151 Social Welfare Department, dated 16.10.2008, within the period that may be stipulated by this Court.
2.By the impugned order dated 31.01.2004, the 1st respondent has declined to regularize the appointment of the http://www.judis.nic.in 3 petitioner.
3.The petitioner is a physically disabled person and was appointed as a Junior Assistant (temporary) on 09.07.2003 and posted in the Government Higher Secondary School, Mandalamanickam, Ramanathapuram District. Thereafter, the petitioner was transferred to the Sub-Registrar Office, Abiramam on 27.04.2005.
4.The Tamil Nadu Public Service Commission conducted a special competitive examination for Group-IV services candidates, who were appointed on temporary basis. The petitioner applied and was issued with a Hall Ticket for examinations scheduled to be held on 17.02.2008. However, the petitioner could not attend the examination due to ill-health and therefore did not qualify in the said examination.
5.Mean while, the Government of Tamil Nadu issued G.O.Ms.No.151, Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008, wherein it was clarified that persons with disability can be appointed permanently, if they have put in more than 2 years of service http://www.judis.nic.in 6.In view of the above Government Order several proposals 4 were sent to the 3rd respondent and favorably considered by the 2nd respondent and forwarded to the first respondent.
7.The 3rd respondent by a communication dated 05.12.2012, reiterated the content of G.O.Ms.151 dated 16.10.2008.
8.By the impugned order dated, 31.01.2014, the 1st respondent has stated that the said Government Order is not applicable to the petitioner, on the ground that the petitioner was appointed on contract basis against surplus vacancies.
9.The learned Government Advocate submits that the petitioner is not entitled for the benefit of G.O.Ms.151, Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008.
10. He further submits that the petitioner had also not participated in the competitive exam that was held by citing ill- health and therefore, the petitioner is ineligible of the benefit of the said Government Order. He also submits that since the petitioner did not appear for the necessary examination, the post was also surrendered.
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11.G.O.Ms.No.151, dated 16.10.2008 is intended to the benefit physically challenged person for regularization in time scale pay, who were in service on a consolidated pay for more than two years.
12.The learned counsel for the petitioner reiterates the contention in the affidavit and drew attention to the decision of this Court in W.P.(MD)No.11258 of 2009, in K.Kandasamy Vs. The District Educational Officer and other, dated 17.08.2011.
13.In the said case, this Court had allowed the Writ Petition and the impugned order of the respondents were set aside with a direction to reconsider the case of the petitioner therein is light of G.O.Ms.No.151, Social Welfare Department, dated 16.10.2008 and as per the G.O.Ms.No.22, dated 28.02.2006 which contemplates duty on the part of the respondents to confer time scale of pay on completion of two years of service on consolidated pay.
14.No contra decisions have been cited by the respondent. It appears that the said decision also has not been set aside in an appeal. Therefore, the present Writ Petition deserves to be allowed, http://www.judis.nic.inand is allowed with the following directions:- 6
C.SARAVANAN, J., trp/das i. The respondents shall further appoint the petitioner as a Junior Assistant on the time scale of pay in terms of G.O.No.151 Social Welfare Department, dated 16.10.2008.
ii. The respondent shall pass orders within a period of six weeks from the date of receipt of a copy of this order.
15.Consequently, connected Miscellaneous petition is closed. No costs.
25.01.2019
Index : Yes/No
Internet : Yes/No
trp/das
W.P.(MD)No.10175 of 2014
and
M.P.(MD)No.1 of 2014
http://www.judis.nic.in