Madras High Court
S.Gangadharan vs The State Of Tamil Nadu on 27 March, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.14706 of 2023 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.14706, 14718, 14721 & 14726 of 2023
and W.M.P.Nos.14203, 14215, 14224, 14227, 14232,
14235, 14239, 14242, 22465, 22470 & 27522 of 2023
S.Gangadharan ...Petitioner in W.P.
No.14706 of 2023
M.Vijayalakshmi ...Petitioner in W.P.
No.14718 of 2023
K.Maniammai ...Petitioner in W.P.
No.14721 of 2023
G.Anandhan ...Petitioner in W.P.
No.14726 of 2023
-Vs -
1. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
St. George Fort,
Chennai.
2. The Commissioner of School Education,
O/o Commissioner of School Education,
DPI Campus, College Road,
Nungambakkam,
Chennai.
https://www.mhc.tn.gov.in/judis
Page 1 of 10
W.P.No.14706 of 2023 etc.
3. The Joint Director of School
Education (Personnel)
O/o. Joint Director of School
Education (Personnel)
DPI Campus, Chennai. ... Respondents 1 to 3
in all W.Ps.
4. The Chief Educational Officer,
Thiruvarur,
Thiruvarur District. ...4th respondent in W.P.
No.14706 of 2023
4. The Chief Educational Officer,
Thiruppathur,
Thiruppathur District. ...4th respondent in W.P.
No.14718 of 2023
4. The Chief Educational Officer,
Viluppuram,
Viluppuram District. ...4th respondent in W.P.
No.14721 of 2023
4. The Chief Educational Officer,
Thiruvarur,
Thiruvarur District. ...4th respondent in W.P.
No.14726 of 2023
Common Prayer: Writ Petitions filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
to call for the records relating to the impugned order passed by the fourth
respondent vide his proceedings e/f/vz;/8198-m1-2020 dated
25.04.2023, e/f/vz;/0891-m1-2021 dated 10.04.2023, e/f/vz;/060-
m3-2021 dated 31.03.2023 and e/f/vz;/10185-m1-2021 dated
25.04.2023 respectively and quash the same as illegal and
consequentially to direct the respondents to declare that the petitioners
have completed the probation in the cadre of Junior Assistant by way of
relaxing the Rules as was granted in respect of similarly placed persons
by the Government of Tamil Nadu vide G.O.(1D)No.210, School
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W.P.No.14706 of 2023 etc.
Education g/f/4(2) Department dated 17.06.2019 and G.O.(1D)
No.124, School Education g/f/4(2) Department dated 15.09.2020 and
consequently confer all other consequential service and monetary
benefits including the yearly increment and conferment of selection
grade along with it's accrued arrears thereof within the time that may be
stipulated by this Court.
In all W.Ps.
For Petitioner : Mr. L.Calvin Jones
For Respondents : Mrs.S.Mythreye Chandru
Special Government Pleader
COMMON ORDER
All these writ petitions have been filed challenging the orders passed by the fourth respondent thereby reverted the petitioners from the post of Junior Assistant to the post of Lab Assistant.
2. The case of the petitioners is that the petitioners had been promoted as Lab Assistant from their earlier posts. In the category of Lab Assistant, their services were regularized and they had also successfully completed their probationary period. From the post of Lab Assistant, they were posted through recruitment by transfer as Junior Assistant around the year 2014. In the cadre of Junior Assistant, their services were also regularized. However, their probation was not declared to be successfully completed so far. In the post of Junior Assistant, the https://www.mhc.tn.gov.in/judis Page 3 of 10 W.P.No.14706 of 2023 etc. petitioners have completed many years of service. Therefore, probation is deemed to have been declared as completed.
3. However, as per Rule 3(g) of Tamilnadu Ministerial Service Rules, the recruitment by transfer from the post of Lab Assistant to the post of Junior Assistant is not permissible as long as both the posts carries identical scale of pay. Therefore, the other service right and monetary benefits of the petitioners were kept in abeyance. The post of Lab Assistant does not have any further avenue of promotion. It carried lesser pay than that of Junior Assistant. Therefore, they were posted as Junior Assistant through recruitment by transfer in terms of Rules 3(g) of Tamilnadu Ministerial Service Rules. However, GO.Ms.No.63, Finance Department dated 26.02.2011 brought both the posts in the same level of pay i.e. 5200-20200+2400 GP. The scale of pay of the post of Lab Assistant and Junior Assistant became one and the same. The Rule 3(i) of the Tamilnadu Ministerial Service Rules contemplates that one can be posted as Junior Assistant through recruitment by transfer from any other services only if the scale of pay of the post carries lesser pay than that of Junior Assistant.
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4. The learned Special Government Pleader submitted that the petitioners were appointed as Junior Assistant from the post of Lab Assistant. When the Government Order in G.O.Ms.No.63 Finance Department dated 26.02.2011 introduced the identical scale of pay for both the posts i.e., Lab Assistant and Junior Assistant, the same scale of pay will be applicable to the Lab Assistants working in the Department of School Education. Therefore, the Lab Assistants were brought to the identical scale of pay on par with the Junior Assistants. Even before issuance of the Government order in GO.Ms.No.63 Finance Department dated 26.02.2011, Lab Assistants were promoted as Junior Assistants as per Rule 3(g)(i) of the Special Rules for Tamilnadu Ministerial Service Rules in view of the fact that post of Lab Assistant carried a lower scale of pay.
4.1. He further submitted that the persons in services other than the Tamilnadu Ministerial Service, who are in categories having no promotional opportunities or even after more than one promotion in the respective service, would still be in a category carrying scale of pay lower than that of Junior Assistant or Junior Assistant cum Typist or https://www.mhc.tn.gov.in/judis Page 5 of 10 W.P.No.14706 of 2023 etc. Typist alone shall be considered for appointment by recruitment by transfer as Junior Assistant or Junior Assistant cum Typist or Typist in the Tamilnadu Ministerial Service subject to the possession of the prescribed qualifications for direct recruitment. He further submitted that some of the similarly placed persons filed writ petitions and the same were allowed. Aggrieved by the same, the respondents filed writ appeal and the same are pending. However, one of the order passed by the learned Single Judge of this Court was complied with while facing the contempt proceedings in Cont.P.No.390 of 2022.
5. Heard, the learned counsel appearing on either side and perused the materials placed before this Court.
6. In the matter of posting as Junior Assistant from the post of Lab Assistant, this Court in W.P.No.13849 of 2020 by an order dated 05.02.2021, directed to issue necessary clarification or to initiate any action for inclusion of the post of Lab Assistant for promotion to the post of Junior Assistant notwithstanding the parity of pay scales as applicable to both the posts in order to subserve the spirit of the rule for which it https://www.mhc.tn.gov.in/judis Page 6 of 10 W.P.No.14706 of 2023 etc. was amended in the year 2002. Subsequently, the Government of Tamilnadu, considering the same category employees, who were posted from the post of Lab Assistant to the post of Junior Assistant by way of recruitment by transfer vide GO.1(D)No.124 School Education Department dated 15.09.2020, has relaxed the Rules in exercise of power conferred under Section 58 of Tamilnadu Government Servant (Conditions of Service) Act, 2016 and thereby all of them are allowed to continue in the post of Junior Assistant. However, the said relaxation was not extended to the petitioners so far.
7. Further, this Court in W.P.No.13849 of 2020 dated 05.02.2021, by extracting Rule 9 of Special Rules for Tamilnadu Ministerial Service Rules-'By recruitment by transfer from any other services' held that the said Rule has a rider that in consideration of promotion to the post of Junior Assistant, the post should carry a lower pay than that of Junior Assistant. But what ultimately falls for consideration before this Court is whether an employee carrying same pay scale as that of the pay scale applicable to the promotional post, can he/she be denied promotion at all in his/her entire career in terms of the https://www.mhc.tn.gov.in/judis Page 7 of 10 W.P.No.14706 of 2023 etc. spirit of the rule and object behind the amendment of 2002. In order to give thrust to the object and the spirit of the rule providing a promotional opportunity to the dead end post of Lab Assistant, merely because of change of pay scale, cannot be allowed to take away a valuable right to promotion during the long career span of an employee.
8. Considering both the above referred cases, this Court in W.P.No.2033 of 2023 dated 25.01.2023 allowed the writ petition and set aside the order of reversion from the post of Junior Assistant to the post of Lab Assistant.
9. In view of the above, the impugned orders of the fourth respondent dated 25.04.2023, 10.04.2023, 31.03.2023 and 25.04.2023, are set aside. The respondents are directed to declare that the petitioners have completed their probation in the cadre of Junior Assistant by way of relaxing the rule and consequently confer all other consequential service and monetary benefits including the yearly increment and conferment of selection grade within a period of twelve weeks from the date of receipt of copy of this order.
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10. With the above directions, all the writ petitions are allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
27.03.2024 Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No rts To
1. The Principal Secretary to Government, State of Tamil Nadu, School Education Department, St. George Fort, Chennai.
2. The Commissioner of School Education, O/o Commissioner of School Education, DPI Campus, College Road, Nungambakkam, Chennai.
3. The Joint Director of School Education (Personnel) O/o. Joint Director of School Education (Personnel) DPI Campus, Chennai.
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4. The Chief Educational Officer, Thiruvarur, Thiruvarur District.
5. The Chief Educational Officer, Thiruppathur, Thiruppathur District.
6. The Chief Educational Officer, Viluppuram, Viluppuram District.
7. The Chief Educational Officer, Thiruvarur, Thiruvarur District.
W.P.Nos.14706, 14718, 14721 & 14726 of 2023 and W.M.P.Nos.14203, 14215, 14224, 14227, 14232, 14235, 14239, 14242, 22465, 22470 & 27522 of 2023 27.03.2024 https://www.mhc.tn.gov.in/judis Page 10 of 10