Madras High Court
The District Collector/Chairman vs R.Bannari on 17 September, 2019
Author: S.Manikumar
Bench: S.Manikumar
W.A.Nos.1323 and 1324 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17/9/2019
C O R A M:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
AND
THE HONOURABLE MR.JUSTICE D.KRISHNA KUMAR
W.A.Nos.1323 and 1324 of 2019
C.M.P.Nos.8986, 9002 and 8997 of 2019
The District Collector/Chairman
Kattida Maiyam, Coimbatore. ... Appellant in both cases
v.
R.Bannari ... Respondent in W.A.1323/2019
S.Rajendran ... Respondent in W.A.1323/2019
Prayer: Writ Appeals filed under Clause 15 of Letters Patent against the
common order dated 25.07.2017 made in W.P.Nos.20584 and 20585 of
2013.
For Appellant ... Mr.P.S.Sivashanmugam Sundaram
Special Government Pleader
For Respondents ... Mr.T.Chellapandi
COMMON JUDGMENT
(Judgment of the Court was delivered by S.MANIKUMAR, J) Instant writ appeals are directed against the common order, made in W.P.Nos.20584 and 20585 of 2013, dated 25.07.2017, by which, a http://www.judis.nic.in 1/34 W.A.Nos.1323 and 1324 of 2019 learned Single Judge, based on the admission of both sides and taking note of the decisions rendered earlier, allowed the W.P.Nos.20584 and 20585 of 2013, filed for a certiorari to call for the records relating to the impugned order passed by the respondent in his proceedings in ROC.No.1202/2013/A1 dated 22.05.2013 and quashed the same.
2. One of the grounds raised in the instant appeal is that the writ Court, ought to have considered that the appointment of the respondents/petitioners were not made as per procedures and the Kattida Maiyam is in idle without any schemes and activities and there is no work for Kattida Maiyam staff and allowing them to continue in work will cause monetary loss to the Government.
3. Added further, Mr.P.S.Sivashanmugam Sundaram, learned Special Government Pleader, submitted that the Writ Court did not consider that there are no particulars of their continuous service and the respondents/petitioner did not produce the same. Writ Court has failed to consider the fact that the Kattida Maiyam created by the Government is not a permanent body and the staffs selected were purely on temporary basis.
http://www.judis.nic.in 2/34 W.A.Nos.1323 and 1324 of 2019 Heard the learned counsel for the parties and perused the materials available on record.
4. Material on record discloses that Mr.S.Rajendran, respondent in W.A.No.1324 of 2019, has joined the establishment of Kattida Maiyam, Coimbatore, as Technical Assistant in the existing vacancy. Appointment order has been issued by the Project Manager and Executive Secretary, Kattida Maiyam, Veerakeralam, Coimbatore. Thereafter on 25.09.1992, he was promoted as Assistant Project Engineer, by the Additional Collector (Dev.), Coimbatore, on a consolidated pay of Rs.1,800/- per month. Subsequently, the District Collector, Coimbatore, vide order, dated 06.06.1997, has appointed the respondent in W.A.No.1324 of 2019, as Project Engineer, Kattida Maiyam, Tiruppur, on a consolidated pay of Rs.2,000/-. He has completed Part-Time Project Engineer in 2004. Brief particulars of the Project Engineer, Mr.S.Rajendran, to be considered for regularization of services, submitted by the District Collector, are as follows:
BRIEF PARTICULARS ABOUT THE PROJECT ENGINEER TO BE CONSIDERED FOR REGULARISATION OF SERVICE
a) Name and Designation of the Project Engineer/Assistant Project Engineer and : S.RAJENDRAN http://www.judis.nic.in 3/34 W.A.Nos.1323 and 1324 of 2019 PROJECT ENGINEER KATTIDA MAIYAM COIMBATORE
b) Classification of Community : BC (SC/ST/BC/MBA/DNC/OC)
c) Name of the Community as Specified in the General Rules (except O.C) Column (b) and (c) are applicable only for : HINDU-OKKALIGA the posts for which rule of reservation is followed for recruitment by transfer to higher post)
2.Age and date of birth : 20.07.1967
3. Date of Superannuation : 31.07.2025
4. Educational Qualification Special : D.C.R.E., (Diploma in Civil & Rural Engg.) B.E., (Civil Engg.) (Part time) (course completed)
5.Training undergone : 1.Training programme for Project Managers-Two weeks 1st June to 11th June 1999 - HUDCO, Chennai.
2. Workshop Training - Two days 16th & 17th June 2003 - HUDCO-
KFW (HOLTEC), Bangalore.
3. Two days Training Programme at Scientific Research Centre, Aurovilli, Pondicherry on 3rd & 4th September 2004.
6.Date of appointment and total Service in the post presently held :
(a) Appointment in the cadre of :
Supervisor Asst. Project Project
Engineer Engineer
01.10.1992 30.01.1996 12.06.1997
to to to
29.01.1996 11.06.1997 Till Date
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W.A.Nos.1323 and 1324 of 2019
(b) Date of Appointment : 01.10.1992
(c) Appointed through :
(d) Total Service rendered : 11 Years 11 months
7. Whether any irregularities are pending against the Project Engineer and if so indicate the period to which charges : Nil relate nature of charges and date from which pending the present stage
8. Whether there are any adverse remarks in his personal file and if so indicate the details therefore and : Nil whether they have been communicated to the individual.
9. Recommendation of District Collector : Recommended COLLECTOR COIMBATORE
5. Vide letter in ROC.No.36148/07/EE2, dated 25.05.2007, the Director of the Rural Development and Panchayat Raj, Chennai, has written a letter to all the District Collectors, to send the details of the Project Engineers working in Building Centres (Kattida Maiyam) in the Districts in the prescribed proforma, on or before 31.05.2007, without fail. Accordingly, the District Collector, Coimbatore, has sent the service particulars on 31.05.2007. Details of the service particulars of Mr.S.Rajendran, respondent in W.A.No.1324 of 2019, are as follows:
http://www.judis.nic.in 5/34 W.A.Nos.1323 and 1324 of 2019 COIMBATORE DISTRICT S. Name of Educational Date of Date of Method of Does the If, So Amount of Any No the Qualification Birth Joining as his/recruitm Project furnish Salary/ other Project Project ent either Engineer the Honorarium remarks Engineer Engineer through have details paid to the working at Employment continuou of break Project present/Di Exchange/ s service in Engineer strict Open Market as Project service Engineer in Kattida maiyam without any break Yes/No
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
S.Rajendr an D.C.R.E., Rs.12,500/ Kattida 20.07.1 06.06.19 Open -
1 Maiyam Yes Nil -
B.. (Course 967 97 Market Consolidat
Coimbato
Completed)* ed Pay
re
District
* Course Completed in 2004. He is yet to pass in some subject Collector, Coimbatore.
From To
Dr.M.Karunagaran, I.A.S., The Commissioner,
Collector, Rural Development and Panchayat Raj,
Coimbatore Panagal Buildings,
Saidapet,
Chennai-15.
Roc.No.936/2011/A1 Dated 14.09.2011 Sir, Sub: Establishment - Coimbatore District - Building Centres (Kattidamaiyam) functioning - Details of Project Engineers - Report submitted - Regarding.
Ref: The Commissioner of Rural Development and Panchayat Raj, Chennai Roc.No.65883/2011/E2 dated 05.09.2011.
****** http://www.judis.nic.in 6/34 W.A.Nos.1323 and 1324 of 2019 With reference to the letter read in the references cited, I send herewith the details of the Project Engineer working in Building Centres (Kattidamaiyam) Coimbatore.
Thiru.S.Rajendran a Diploma (Civil and Rural Engineering) holder was recruited from open market and posted temporarily as a Technical Assistant in the consolidated pay of Rs.1200/-P.M. vide proceedings Roc.No.Blg/14215/89-1990 dated 25.09.1992 of the Executive Secretary, Kattida Maiyam, Coimbatore He has joined duty on 01.10.1992.
During 1996 he was temporarily promoted as a Assistant Project Engineer and posted to Kattida Maiyam, Tirupur vide proceedings Roc.No.39/93/CKM dated 25.01.1996 of the Additional Collector (Dev), D.R.D.A, Coimbatore in the consolidated pay of Rs.1800/- and he joined the duty on 01.02.1996.
Further he was promoted and appointed as a Project Engineer, Kattida Maiyam, Tirupur vide proceedings Roc.No.4959/97/A1 dated 06.06.1997 of the District Collector, Coimbatore in the consolidated pay of Rs.2,000/- and he joined the duty on 11.06.1997. He worked their upto 31.12.2001.
During 2001 he was transferred from Tirupur to Coimbatore Kattida Maiyam, vide Roc.No.KM/TPR/54/2001 dated 28.12.2001 of the District Collector/Chairman, Kattida Maiyam Coimbatore. He joined duty on 01.01.2002.
It is also informed that a resolution has been made for the merger of both Tirupur and Coimbatore Kattidamaiyams. In this regard Executive Committee of the Kattida Maiyam meeting held on 19.02.2002 has passed a resolution No.1 and that was approved by the committee i.e. "Due to Administrative reasons the office of the Tirupur Kattida Maiyam will be merged with office of the Coimbatore from 19.02.2002.
He was paid up by the Kattida Maiyam upto June 2008 and his last emolument for June 2008 was 12500/-.
All the above furnished details have been collected from the Kattidamaiyam office attendance and acquaintances, minutes of the Kattida Maiyam Executive Committee meetings.
The format prescribed in the ref cited has also enclosed for ready reference.
http://www.judis.nic.in 7/34 W.A.Nos.1323 and 1324 of 2019 Encl: Format Collector, Coimbatore.
BRIEF PARTICULARS OF PROJECT ENGINEER WORKING IN BUILDING CENTRE (KATTIDA MAIYAM) IN COIMBATORE DISTRICT Sl.N Name & Designation Educational Community/R Date of Date of Mode of Disciplinary Disciplinary o. of the Project Qualification eligion Birth appointment recruitment action/ case/ Engineer(S) and (Specify and Total (whether criminal Criminal emoluments drawn at whether Service till through cases if any action/ present O.C./M.B.C/S. March 2007 Employment finalized till Vigilance C/S.T/B.C) Exchange) date against cases if any him pending against him.
1 2 3 4 5 6 7 8 9
Supervisor
01.10.1992 to
29.01.1996 - 3
years 4
months
Asst. Project
Engineer
THIRU.S.RAJENDRAN 30.01.1996 to
PROJECT ENGINEER D.C.R.E., 11.06.1997 - 1 Appointment
KATTIDA MAIYAM B.E., B.C. HINDU - year 4 months through
1 20.07.67 -Nil- -Nil-
COIMBATORE (Course VAKKALIGA District
(Rs.12,500/-per Completed) PROJECT Collector
month) ENGINEER
12.06.1997 to
31.3.2007 - 9
years 10
months
Total Service -
14 years 6
months
6. Vide letter in Rc.No.65833/11/EE2, dated 22.12.2011, the Commissioner of Rural Development and Panchayat Raj, Chennai, has requested the District Collectors (Development), Villupuram / Tiruvannamalai / Salem / Krishnagiri / Coimbatore / Thanjavur/ Nagapattinam / Tiruvarur / Trichy / Perambalur / Ramnad / Sivagangai / Thoothukudi, to send the following particulars and the certificates of http://www.judis.nic.in 8/34 W.A.Nos.1323 and 1324 of 2019 the Project Engineers, working in the building centres, without fail on 27.12.2011, through messenger,
(i) Original Degree Certificate (B.E., A.M.I.E., etc.)
(ii) Once the Project Engineers are brought into the fold of Rural Development Engineering wing, what will be the role of Building Centres in the District.
(iii) What are the terms and conditions of his/her appointment as Project Engineer.
(iv) Details of staff working in building centres other than the Project Engineer."
7. Again, in Roc.No.23/2012/A1, dated 18.01.2012, the Project Director, District Rural Development Agency, Coimbatore, has written a letter to the Collector (Development Section), Coimbatore, has enclosed the additional particulars on the proposal for regularization of the Project Engineers working in the Building Centres of Coimbatore District and the said proceedings are extracted hereunder:
From To
Dr.M.Manaohara Singh The Collector
Project Director (Development Section)
District Rural Development Agency Coimbatore
Coimbatore
Roc.No.23/2012/A1/ dated. .01.2012 Sir, Sub: Establishment - Rural Development and Panchayat Raj http://www.judis.nic.in 9/34 W.A.Nos.1323 and 1324 of 2019 Department - Coimbatore District - Engineering Wing - Building Centres functioning in district - Regularisation of Service of Project Engineers – Particulars sending of - Regarding.
Ref: 1) Directorate of Rural Development and Panchayat Raj, Chennai Roc.No.65833/11EE2 dated 22.12.2011.
2) The Collector Coimbatore Roc.No.3241/2011/T2 dated 02.01.2004.
3) Project Engineer Kattida maiyam Coimbatore Letter KM/CBE/09/2012 dated 12.01.2012.
With reference to the letter cited, I enclose the following additional particulars on the proposal for regularization of the Project Engineers working in the Building Centres of Coimbatore District.
S.No. Particulars Reply
1 Original Degree Certificate (B.E.AMIE, Enclosed (Through concerned
etc.) Project Engineer)
2 Once the Project Engineers are brought One of the Assistant Engineer from
into the fold of Rural Development Rural Development may be
Engineering wing what will be the role deputed on rotation basis to look of Building Centres in the District. after the present duties of the katida maiyam.
3 What are the terms and conditions for Enclosed
his/her appointment as Project
Engineer.
4 Details of Staff working in Building Enclosed in the prescribed format
Centres other than the Project
Engineer.
Enclosure : As above
Project Director
District Rural Development Agency
Coimbatore.
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W.A.Nos.1323 and 1324 of 2019
Details of Staff Particulars in Kattida maiyam, Coimbatore Sl.N Name Designation Educational Date of Date of Method of Does If, so Amount of Date of Any o. Qualification Birth Joining his/her continuous furnish the Salary leaving other recruitment service in details of Honorarium the remark i.e. either Kattidamai break in paid Building through yam service centre Employment without Exchange/op any break en market Yes/No 1 2 3 4 5 6 7 8 9 10 11 12 1 T.Rajendran Overseer D.C.E 11.07.68 04.09.96 open market Yes Nil Rs.7,000 13.09.08 -
2 G.Karthik Overseer D.C.E 11.07.79 01.10.98 open market Yes Releaved Rs.6,000 17.04.07 -
3 R.Shanmugam Overseer D.C.E 08.04.70 01.04.95 open market Yes Releaved Rs.7,000 17.04.07 -
course completed 4 P.Karthikprabu Overseer D.C.E 23.05.81 01.12.99 open market Yes Discontinu Rs.6,000 18.07.07 -
ed 5 P.Rajmohan Accountant M.Com., 14.08.75 01.06.93 open market Yes Nil Rs.6,000 08.09.08 -
PGDA., Type writing (English) 6 M.Suresh babu Accountant B.Com Type 07.03.64 01.04.95 open market Yes Nil Rs.6,000 06.09.08 -
writing (English) 7 R.Bannari Store B.Com 12.05.77 02.10.95 open market ** Break 8 Rs.5,500 Still -
Keeper month working
18.4.07 (n)
0.1.08 (j)
8 M.Mayilsamy Driver 6th Std 15.05.73 01.06.98 open market Yes Nil Rs.5,000 22.08.08 -
8. Once again, vide letter, in Rc.No.65833/11/EE2, dated 20.09.2012, the Commissioner of Rural Development and Panchayat Raj, Chennai, has requested the District Collectors (Development), Villupuram / Tiruvannamalai / Salem / Krishnagiri / Coimbatore / Thanjavur/ Nagapattinam / Tiruvarur / Trichy / Perambalur / Ramnad / Sivagangai / Thoothukudi, calling upon the following particulars of the 12 Project Engineers, including the case of Mr.S.Rajendran, respondent in W.A.No.1324 of 2019, viz., http://www.judis.nic.in 11/34 W.A.Nos.1323 and 1324 of 2019
(i) indicate the procedure followed in the initial appointment of Project Engineer.
(ii) Furnish their qualification and experience at the time of their initial appointment.
(iii) Clarify whether the rule of reservation was followed on their appointment in the kattidamalyam.
The said letter has been replied in Roc.No.3700/2012/T2, dated 25.09.2012, as hereunder:
"(i) Thiru.S.Rajendran was recruited from Open Market and appointed as a Technical Assistant and then promoted as Assistant Project Engineer. And then he was appointed as Project Engineer, Building Centre.
(ii) Educational qualification of the individual is DCRE, BE Courses Completed. Experience at the time of intial appointment as Project Engineer was 4 years and 7 months approximately.
(iii) The individual was appointed from the post of Assistant Project Engineer.
9. However, vide proceedings in Roc.No.1202/2013/A1, dated 24.05.2013, the District Collector/Chairman, DRDA, Coimbatore, has relieved the respondents from their duty on the Afternoon of 22.05.2013. Contents of the said order is extracted hereunder:
http://www.judis.nic.in 12/34 W.A.Nos.1323 and 1324 of 2019 "In Kattidamaiyam, Coimbatore, the following two persons were appointed as detailed below.
Sl.No. Name Designation Date of Appointment by
Appointment whom
1 Thiru.S.Rajendran Project Engineer 25.01.1996 Additional
Collector
(Development),
DRDA, CBE
2 Thiru.R.Bannari Store Keeper 02.01.1995 Project Engineer,
Tirupur
It is come to the notice of the district collector that the above persons appointment are not being done by proper procedure. Hence, the above two persons are hereby relived on the afternoon of 22.05.2013.
The above two persons are here by directed that they should handover all the materials/possessions which they have maintain till today to Thiru.Nagarajan, AE Panchayat Union, Thondamuthur."
10. The Principal Secretary, Rural Development and Panchayat Raj (E3) Department, Secretariat, Chennai-9, in D.O.Letter No.14063/E3/2013-1, dated 07.06.2013, to the District Collector, Coimbatore, to utilize the services of the respondents and contents of the said letter, is extracted hereunder:
"I am to invite your attention to the references cited and to state that a proposal to absorb the NMR Project Engineers working in Kattidamalyam functioning in the http://www.judis.nic.in 13/34 W.A.Nos.1323 and 1324 of 2019 Districts and to bring them into the fold of Rural Development and Panchayat Raj Department, Engineering Wing as Assistant Engineer / Overseer etc., is under the consideration of the Government. Therefore, I am to request you to explore the possibilities of utilizing the services of Thiru.S.Rajendran, formerly Project Engineer and Thiru.R.Bannari, Store Keeper, under some other Project Work in Rural Development and Panchayat Raj Department control as is being done by other directs and send a report in due course."
11. Subsequently, pursuant to the interim order made in M.P.No.1 of 2013 in W.P.No.20585 of 2013, dated 29.07.2013, the respondents were permitted to draw salary of Rs.5,000/- and Rs.7,750/-
respectively, vide proceedings, dated 11.10.2013. Thereafter, the Government have issued G.O.(Ms.)No.139, Rural Development and Panchayat Raj (E3) Department, dated 28.09.2013, absorbing the 10 Project Engineers in the Building Centres as Assistant Engineers in the Tamil Nadu Panchayat Development Engineering Service. Government have issued G.O.(Ms) No.139, Rural Development and Panchayat Raj (E3) Department, dated 28.09.2013, and the same is extracted hereunder:-
Government of Tamil Nadu http://www.judis.nic.in 14/34 W.A.Nos.1323 and 1324 of 2019 Abstract Public Services - Rural Development and Panchayat Raj Department - Engineering Wing - 10 Project Engineers of Building Centres - Absorption as Assistant Engineer (RD) into the Engineering Wing - Formal Orders - Issued.
------------------------------------------------------------------------- Rural Development and Panchayat Raj (E3) Department G.O.(Ms)No.139 Dated: 28.09.2013 Read:
1. G.O.Ms.No.206, Housing and Urban Development Department, dated 13.08.2002.
2. G.O.(Ms) No.1, Rural Development and Panchayat Raj (SGS-III) Department, dated 02.01.2007.
3. The Director of Rural Development letter No.31410/2004/JAY-2, dated 27.01.2005.
4. Government D.O. letter No.3523/E4/2005, Rural Development Department, dated 31.03.2006.
5. Orders of Hon'ble High Court of Madras dated 29.09.2011 in W.P.No.8263/2009 filed by Thiru.G.Raja and others.
6. The Commissioner of Rural Development and Panchayat Raj Rc.No.65833/2011/EE2, dated 28.11.2011.
7. Government letter No.20136/E3/2011-10, dated 08.11.2012.
8. The Secretary, Tamil Nadu Public Service Commission Letter No.6801/CD-C1/2013, dated 22.05.2013.
9. The Commissioner of Rural Development and Panchayat Raj Letter No.65833/11/EE2, dated 19.07.2013.
***** ORDER:-
The Building Centres were formed in each district and registered under the Tamil Nadu Societies Registration Act 1975. The District Collector is the Chairman and the Project Director of District Rural Development Agency is the Member Secretary of the Building Centre. The Building http://www.judis.nic.in 15/34 W.A.Nos.1323 and 1324 of 2019 Centres are functioning in the Districts under the Chairmanship of the District Collector concerned. In the G.O. first read above, the Government issued orders for transfer of the administrative control of the Building Centres from Housing and Urban Development Department to Rural Development Department. The Building Centre in each District was established with the assistance of HUDCO to undertake the cost effective technology in all building construction works and imparting various trainings on cost effective technologies to Rural Engineers, Panchayat Raj Institution representatives and Self Help Groups masons and rural artisans. The Building Centres play a leading role in rural areas in the construction of innovative and cost effective buildings. As per the G.O. second read above, the Building Centres have been required to participate in all tender activities of all Government Departments / undertakings to take up various civil works. The Project Engineers have much experience by having undertaken many Civil works in Rural Development and Panchayat Raj and also in other Departments. The Project Engineers being Executive Secretaries to the Building Centres, are being paid a consolidated monthly salary ranging from Rs.3,000/- to 24,000/- as approved by the Governing Body of the respective Building Centres under the Chairmanship of District Collectors. The Project Engineers have educational qualification as BE (Civil Engineering / Structural Engineering) and have completed more than 5 years service http://www.judis.nic.in 16/34 W.A.Nos.1323 and 1324 of 2019 and all are working temporarily. Their Services are yet to be regularized as no service rules have been framed for the post of Project Engineers.
2. In his letter third read above, the Director of Rural Development had sent the proposal for regularisation of the services of the Project Engineers to the Government. The Government in D.O. letter fourth read above rejected the proposal of the Director of Rural Development stating that "the Kattida Maiyam" is a registered Society under the Tamil Nadu Societies Registration Act, 1975 and it is not a Government Department and the employees of the Society are not Government Servants. Meanwhile, a number of Writ Petitions were filed in the Hon'ble High Court and representations were also received by the Government with a prayer to regularize their services. The Government had filed Counter affidavit for the W.Ps. In one of the W.P.No.8263/2009 filed by Thiru.G.Raja and six others, the Hon'ble High Court of Madras in its judgement dated 29.09.2011 issued orders as follows:-
"This writ petition is disposed of by issuing a Writ in the nature of Mandamus, directing the respondent No.1, to take a final decision on the recommendations of respondent No.2, within one month of the receipt of a certified copy of this order."
On receipt of the judgment of the Hon'ble High Court of Madras, the Government requested the Commissioner of Rural Development and Panchayat Raj to get 6 months http://www.judis.nic.in 17/34 W.A.Nos.1323 and 1324 of 2019 extension of time to examine the case.
3. In his letter 6th read above the Commissioner of Rural Development and Panchayat Raj sent the proposal for absorbing the Project Engineers who are presently working with educational qualification of BE (Civil) as Assistant Engineers in the Engineering Wing of Rural Development and Panchayat Raj Department.
4. In Government letter 7th read above, the concurrence of TNPSC has been called for on the proposal of the said absorption. The TNPSC, in its letter 8th read above offered its views in the following manner.
"The Commission examined the Government's proposal in depth and decided to offer its opinion to the effect that the Government may take appropriate decision at its level, as deemed necessary, in this regard."
5. In his letter 9th read above, the Director of Rural Development and Panchayat Raj has furnished the details about the community of the 10 Project Engineers who are presently working, in which one person belongs to OC, 2 persons belong to SC, on SC (Arunthathiar) and the remaining 6 persons belong to BC.
6. The Government carefully and independently examined the the matter along with relevant records and the order on the Hon'ble High Court in W.P.No.8263/2009, dated 29.09.2011 and decided to issue a formal order for absorbing the 10 Project Engineers of Building Centres as Assistant Engineers into the Engineering Wing of Rural http://www.judis.nic.in 18/34 W.A.Nos.1323 and 1324 of 2019 Development and Panchayat Raj Development by relaxing the rule 25 of General Rule for the Tamil Nadu State and Subordinate Service Rural (Rule of reservation in respect of 6 persons who belong to BC Community), rule 3 of Tamil Nadu Panchayat Development Engineering Service Rules (Mode of recruitment) and rule 5 (a) (relating to age) of the Tamil Nadu Panchayat Development Engineering Service rules and other accordingly on the following conditions. The absorption shall be treated only as initial appointment at the entry level. Seniority will be given only below the direct recruits/promotees who will be appointed in the vacancies so far notified / approved. Individual absorption orders will be separately issued later after getting concurrence of the TNPSC since the post of Assistant Engineer is within the purview of the Commission.
7. In exercise of the powers conferred by rule 48 of General Rules of the Tamil Nadu State and Subordinate Services contained in Part II in Volume - I of the Tamil Nadu Services Manual 1977, the Governor of Tamil Nadu hereby relaxes the rule 26 of General Rule of the Tamil Nadu State and Subordinate Service Rules (Rule of reservation) rule 3 of Tamil Nadu Panchayat Development Engineering Service Rules (Mode of Recruitment) and rule 5(a) (relating to age) of the Tamil Nadu Panchayat Development Engineering Service in favour of the 10 persons whose names are listed in the annexure to this order along with details so as to enable them to be absorbed as Assistant Engineers in the http://www.judis.nic.in 19/34 W.A.Nos.1323 and 1324 of 2019 Tamil Nadu Panchayat Development Engineering Service.
(By Order of the Governor) C.V.Sankar Principal Secretary to Government
12. Similarly, the Government have issued G.O.(Ms) No.76, Rural Development and Panchayat Raj Department, dated 01.07.2016, and the same is extracted hereunder:-
GOVERNMENT OF TAMILNADU ABSTRACT Establishment - Rural Development and Panchayat Raj Department - Kattidamaiyam Non-Technical Staff Absorption of 27 staff in the Panchayat Union - Orders - issued.
------------------------------------------------------------------------- Rural Development and Panchayat Rai (E3) Department G.O.(Ms).No.76 Dated.01.07.2016.
Read (1) G.O.(Ms)No.206 Housing and Urban Development Department dated 13.08.2002. (2) G.O.(Ms) No.1, Rural Development and Panchayat Raj (SGS-III) Department, Dated 02.01.2007.
(3) G.O.(Ms)No.132, Rural Development and Panchayat Raj (E3) Department, dated 26.09.2014.
(4) From the Director of Rural Development and Panchayat Raj Letter Roc.No.7062/2015/F1, Dated.08.12.2015.
******** http://www.judis.nic.in 20/34 W.A.Nos.1323 and 1324 of 2019 ORDER:
In the Government Order third read above, the Government have issued orders for absorption of 10 Project Engineers of the erstwhile Building Centres (Kattidamaiyam) for appointment as Assistant Engineers in the Engineering Wing of Rural Development and Panchayat Raj Department.
2. In the reference fourth read above, the Director of Rural Development and Panchayat Raj has stated that the Kattidamaiyam even though registered under the Tamil Nadu Societies Registration Act 1975 is now working under the direct supervision of Rural Development and Panchayat Raj Department represented by District Rural Development Agency. The staff of the Kattidamaiyam who were appointed on consolidated pay by the Director Collector have served for more than 10 years and are above 40 years of age. As the civil works executed by Kattidamaiyam have decreased, the staff strength needs to be reduced.
Employees who would be discharged in the event of reduction in staff owing to the poverty of work need to be redeployed. The staff is block and they will not be able to got other job due to their age. The Director of Rural Development and Panchayat Raj has requested that on humanitarian ground, staff of Kattidamaiyam may be considered for absorption in the existing vacancies in the cadre of Record Clerk, Office Assistant. Driver and Night Watchman in Panchayat Unions.
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3. The Director of Rural Development and Panchayat Raj has further stated that the posts of Record Clerk, Office Assistant, Driver and Night Watchman do not fall under the purview of Tamil Nadu Public Service Commission and there are vacancies in the above cadre in Panchayat Unions, against which the staff of Kattidamaiyam can be absorbed without any financial burden to the Government as their salaries will be met from Panchayat Union General Fund and not from Government head of account. Therefore, non- technical staff who had served in Kattidamaiyam and who are eligible may be considered for absorption in basic category posts in Panchayat Unions, which will not add financial burden to the Government.
4. He has requested that taking into account the precedented absorption of technical staff of Kattidamaiyam into Panchayat Union by relaxing rules as the Government Order in the third read above and on humanitarian grounds, 27 non-technical staff of Kattidamaiyam may be considered for absorption and to issue necessary orders absorbing them in the existing vacancies of Record Clerks, Office Assistants, Drivers and Night Watchman in Panchayat Unions from the date of issue of order by relaxing the provisions made in Manual on Panchayat Administration - Tamil Nadu Panchayat Union Council Establishment Rules 1970, Rule 36A section 3 (a&b) relating to appointment through employment exchange and sub section 8 relating to age in respect of those who are absorbed as Record Clerks, Rule 37A sub http://www.judis.nic.in 22/34 W.A.Nos.1323 and 1324 of 2019 section 3 relating to age and sub rule 5(a) and (b) on appointment through Employment Exchange in respect of those who are absorbed as Office Assistant, Rule 36A Section 2 sub section (5c) and section 3 subsection (g) amendents made with regard to appointment of Drivers vide G.O.(Ms) No.5, Rural Development and Panchayat Raj (E5) Department, Dated.10.01.2011 and relaxation of age and relaxation of age criteria mentioned in Para 5(a) of G.O.(Ms).No.134, Rural Development and Panchayat Raj (E5) Department, dated.14.12.2009 in respect of those who are absorbed as Drivers and Rule 37A sub section 3 relating in age - Sub rule 5(a) and (b) on appointment through employment exchange in respect of those who are absorbed as Night Watchman.
5. The Government after detailed examination have decided to accept the proposal of Director of Rural Development and Panchayat Raj and hereby order as follows:-
(i) 12 non-technical Staff of Kattidamaiyam listed in the Annexure-I of this order who had completed 10 years of service and posses requisite Educational Qualification shall be absorbed as Record Clerk in the existing vacancies in Panchayat Union.
(ii) 6 non-technical staff of Kattidamaiyam listed in the Annexure-II to this order who had completed 10 years of service and posses requisite Educational Qualification shall be absorbed as Office Assistant in the http://www.judis.nic.in 23/34 W.A.Nos.1323 and 1324 of 2019 existing vacancies in Panchayat Union.
(iii) 5 non-technical staff of Kattidamaiyam listed in the Annexure-III to this order who had completed 10 years of service and posses requisite Educational Qualification shall be absorbed as Driver in the existing vacancies in Panchayat Union.
(iv) 4 non-technical staff of Kattidamaiyam listed in the Annexure-IV to this order who had completed 10 years of service and posses requisite Educational Qualification shall be absorbed as Night Watchman in the existing vacancies in Panchayat Union.
6. In exercise of the powers conferred by rule 48 of General Rules of the Tamil Nadu State and Subordinate Services contained in Part-II in volume-I of the Tamil Nadu Panchayat Union Council Establishment Rules, 1970, the Governor of TamilNadu hereby relaxes the Rule 36 A section 3 (a&b) relating to appointment through employment exchange and sub section 8 relating to age in respect of those who are absorbed as Record Clerks, Rule 37 A sub section 3 relating to age and sub rule 5(a) and (b) on appointment through Employment Exchange in respect of those who are absorbed as Office Assistant, Rule 36 A section 2 sub section (5c) and section 3 sub section (g) amendment vide G.O.(Ms).No.5, Rural Development and Panchayat Raj (E5) Department, Dated.10.01.2011 and relaxation of age criteria mentioned in para 5(a) of G.O.(Ms) No. 134, Rural Development and Panchayat Raj http://www.judis.nic.in 24/34 W.A.Nos.1323 and 1324 of 2019 (E5) Department, dated.14.12.2009 in respect of those who are absorbed as Drivers and Rule 37 A sub section (3) relating to age - Sub rule 5(a) and (b) on appointment through Employment Exchange in respect of those who are absorbed as Night Watchman as per in the Annexure I to IV to this order respectively.
7. This Government Order shall take effect from the date of issue of order and salary of the persons mentioned in Annexure I to IV to this order shall be met from the Panchayat Union General Fund.
(By Order of the Governor) Hans Raj Verma, Principle Secretary to Government
13. Following G.O.(Ms) No.139, Rural Development and Panchayat Raj (E3) Department, dated 28.09.2013, the Director of Rural Development and Panchayat Raj, Chennai, vide proceedings in Roc.No.65833/11/EE, dated 30.09.2014, has absorbed the 10 Project Engineers as Assistant Engineers in the Tamil Nadu Panchayat Development Engineering Service. For brevity, the order dated 30.09.2014, as follows:
PROCEEDINGS OF THE DIRECTOR OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, CHENNAI-15 PRESENT : THIRU.K.BASKARAN, I.A.S, http://www.judis.nic.in 25/34 W.A.Nos.1323 and 1324 of 2019 Proc.No. 65833/11/EE2 Dated: 30/09/2014 Sub : Public Service - Rural Development and Panchayat Raj Department- Engineering Wing- 10 Project Engineers of Building Centres- Absorption as Assistant Engineer (RD) into the Engineering wing- Posting orders- Issued.
Ref: 1. The Commissioner of Rural Development,and Panchayat Raj in Lr.No.65833/11/EE2, dated: 19/07/2013.
2. G.O.(MS)No. 139, Rural Development and Panchayat Raj (E3) Department dated: 28/09/2013.
3. G.O.(Ms).No. 132, Rural Development and panchayat Raj (E3) Department dated 26/09/2014.
ORDER :
In the reference 2nd cited, the Government have issued formal orders for absorbing 10 project Engineers of buildings Centres as Assistant Engineers into the Engineering Wing of Rural Development and Panchayat Raj Department by relaxing the rule 26 of General Rule for the Tamil Nadu State and Subordinate Service Rules (Rule of reservation in respect of 6 persons who belong to BC Community), the rule 3 of Tamil Nadu panchayat Development Engineering Service Rules (Mode of recruitment) and rule 5(a) (relating to age) of the Tamil Nadu Panchayat Development Engineering service Rules as their services were governed under Tamil Nadu Societies Registration Act.
After obtaining the concurrence from the Commission, to appoint the 10 project Engineers as Assistant Engineers in the Engineering Wing of the Rural Development and panchayat Raj department in the vacancy for the year 2012- http://www.judis.nic.in 26/34 W.A.Nos.1323 and 1324 of 2019 13, for recruitment by transfer, the Government in the G.O. 3rd cited, have decided to absorb the following 10 Project Engineers of the erstwhile Building centres (Kattidamaiyam) for appointment as Assistant Engineers in the Engineering Wing of Rural Development and Panchayat Raj Department in the vacancy earmarked for the year 2012-13 order accordingly.
Sl. Name Date of Educational Community Date of
No. Birth Qualification Joining in
Building
Centre
1 R.J.Saravanan 09.01.1972 B.E.(Civil) BC 16.05.1997
2 S.Srinivasan 21.05.1967 B.E.(Civil) OC 12.05.1993
3 R.Saravanabaskar 01.07.1968 B.E.(Civil) BC 20.09.1998
4 C.Karthikeyan 06.07.1966 B.E.(Civil & BC 26.01.1994
Structural)
5 G.Kavitharani 15.04.1996 B.E.(Civil & SC 01.08.1994
Structural)
6 M.Sathyamoorthi 18.04.1964 B.E.(Civil) SC (A) 03.07.2000
7 M.Vadamalaikumar 08.03.1968 B.E.(Civil) BC 14.03.2000
8 G.Thirumeninathan 10.07.1974 B.E.(Civil) BC 14.03.2000
9 G.Raja 02.03.1971 B.E.(Civil) BC 20.11.1994
10 A.Arunawgandhi 25.06.1963 B.E.(Civil) SC 06.09.1999
As per the Government Order, the following 10 project Engineers of the erstwhile Building Centres (Kattidamaiyam) are hereby absorbed as Assistant Engineer in the Engineering Wing of Rural Development and panchayat Raj Department for the year 2012-13 and posted to the District mentioned against each.
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Sl. Name District now working Posted Assistant
No. Engineer
(RD)/District
1 R.J.Saravanan Villupuram Vellore
2 S.Srinivasan Tiruvannamalai Tiruvannamalai
3 R.Saravanabaska Salem Salem
r
4 C.Karthikeyan Thanjavur Thanjavur
5 G.Kavitharani Nagapattinam Nagapattinam
6 M.Sathyamoorthi Thiruvarur Thiruvarur
7 M.Vadamalaikum Thiruchirappalli Thiruchirappalli
ar
8 G.Thirumeninath Ramanathapuram Sivagangai
an
9 G.Raja Sivagangai Sivagangai
10 A.Arunawgandhi Thoothukudi Thuthukudi
The Seniority of the above individuals will be fixed below the direct recruits/promotes who will be appointed in the vacancies so for notified/ approved and also informed that the absorption shall be treated only as initial appointment at the level (i.e. Assistant Engineers) and no pay protection will be given.
The District Collectors concerned are requested to give necessary posting orders to the above Assistant Engineers and inform the fact and dated of joining of the above Assistant Engineers (RD) and to send the served Copies to this office.
Director Rural Development & Pt.Raj
15. Similar orders are also passed in respective of Mr.R.Bannari, http://www.judis.nic.in 28/34 W.A.Nos.1323 and 1324 of 2019 respondent in W.A.No.1323/2019.
16. From the material on record, it could be deduced that both Mr.R.Bannari, respondent in W.A.No.1323/2019 and Mr.S.Rajendran, respondent in W.A.No.1324 of 2019, have been working in Building Centres (Kattida Maiyam), from 1985 and 1992 respectively, for several years, until they have been relieved on 22.05.2013. However, pursuant to the interim directions of this Court, both the respondents were permitted to draw salary of Rs.7,750/- and Rs.5,000/- respectively.
17. Perusal of the material on record shows that the Director of Rural Development has been continuously asking for the Project Engineers in the Building Centres of Coimbatore District and also submitted that the additional particulars, for the purpose of regularising them in service and accordingly, the said details were furnished by the District Collectors in the Development Section. The respondents have been working, without any blemish, for more than 10 years.
18. Reading of G.O.Ms.No.139, shows that Thiru.G.Raja and six http://www.judis.nic.in 29/34 W.A.Nos.1323 and 1324 of 2019 others have filed W.P.No.8263 of 2009, for regularisation and pursuant to the orders of the same, the Government have issued the said Government Order, regularising the services of ten persons, by relaxing Rule 26 of General Rule of the Tamil Nadu State and Subordinate Service Rules (Rule of reservation); Rule 3 of Tamil Nadu Panchayat Development Engineering Service Rules (Mode of Recruitment); and Rule 5(a) (relating to age) of the Tamil Nadu Panchayat Development Engineering Service Rules.
19. Material on record discloses that the Government have also considered absorption of 27 non-technical staff working in Kattida Maiyam, in G.O.(Ms) No.76, Rural Development and Panchayat Raj Department, dated 01.07.2016, by relaxing Rule 36 A section 3 (a&b) relating to appointment through employment exchange and sub section 8 relating to age in respect of those who are absorbed as Record Clerks, Rule 37 A sub section 3 relating to age and sub rule 5(a) and (b) on appointment through Employment Exchange in respect of those who are absorbed as Office Assistant, Rule 36 A section 2 sub section (5c) and section 3 sub section (g) amendment vide G.O.(Ms).No.5, Rural Development and Panchayat Raj (E5) Department, Dated.10.01.2011 and http://www.judis.nic.in 30/34 W.A.Nos.1323 and 1324 of 2019 relaxation of age criteria mentioned in para 5(a) of G.O.(Ms) No. 134, Rural Development and Panchayat Raj (E5) Department, dated.14.12.2009 in respect of those who are absorbed as Drivers and Rule 37 A sub section (3) relating to age - Sub rule 5(a) and (b) on appointment through Employment Exchange in respect of those who are absorbed as Night Watchman as per in the Annexure I to IV to this order respectively.
20. Mr.R.Bannari, respondent in W.A.No.1323/2019 is a store keeper and Mr.S.Rajendran, respondent in W.A.No.1324 of 2019, is a project engineer. Case of both the respondents is not different from those, who have been given reliefs, by way of G.O.(Ms) No.139, Rural Development and Panchayat Raj (E3) Department, dated 28.09.2013 and G.O.(Ms) No.76, Rural Development and Panchayat Raj Department, dated 01.07.2016, by which, the relevant rules have been relaxed in case of others.
21. Contention of the appellants that the appointment of the respondents were not made, as per the rules; there was no work under http://www.judis.nic.in 31/34 W.A.Nos.1323 and 1324 of 2019 Kattida Maiyam; and thereafter, there was no continuous service, cannot be countenanced. Service particulars of the respondents sought for, by the Director of Rural Development and Panchayat Raj, have been furnished by the District Collector of Coimbatore District. Having regularized the project officers working in Kattida Maiyam, by issuance of two Government Orders, by relaxing the relevant rules, it would not be proper for the appellant to deny the benefits to the respondents, as well.
22. However, perusal of the common order, dated 25.07.2017 made in W.P.Nos.20584 and 20585 of 2013, we could see that the writ Court has ordered regularisation and payment of other attendant benefits, excluding the arrears of salary. That portion of the order, ie., the direction issued to initiate steps to regularise the services of the respondents in their respective positions, requires to be in line with the decisions of the Government in G.O.(Ms) No.139, Rural Development and Panchayat Raj (E3) Department, dated 28.09.2013 and G.O.(Ms) No.76, Rural Development and Panchayat Raj Department, dated 01.07.2016 and that the absorption of the respondents should be from the date of issuance of the Government Orders. Therefore, the appellants are http://www.judis.nic.in 32/34 W.A.Nos.1323 and 1324 of 2019 directed to absorb the respondents from the date of issuance of the Government Orders, by relaxing the rules, as done in respect of others, within a period of two months, from the date of receipt of a copy of this order.
23. In view of the above, the instant writ appeals are disposed of. No costs. Consequently, connected Miscellaneous Petitions are also closed.
(S.M.K.,J) (D.K.K.,J)
17.09.2019
Index : Yes/No
Internet : Yes/No
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S.MANIKUMAR, J
AND
D.KRISHNAKUMAR, J
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