Madras High Court
S.Kannan vs The State Of Tamilnadu Rep. By The ... on 21 December, 2017
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh, V.Parthiban
IN THE HIGH COURT OF JUDICIATURE AT MADRAS DATED : 21.12.2017 CORAM THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH and THE HON'BLE MR.JUSTICE V.PARTHIBAN W.P.No.21135 of 2015 and M.P.No.2 of 2015 1. S.Kannan 2. S.Hemachander 3. J.Vijay Ganapathy 4. S.Murali 5. K.S.Praveen Kumar 6. S.Kartik 7. C.Sakthivel 8. R.Bebin 9. M.Mohamed Ismail 10. S.Venkateswararaj 11. T.Rajkamal 12. V.Arunkumar 13. John Sujan 14. M.Manoharan 15. N. Muthuraj 16. N.Ramani 17. P.Durai 18. R.Bakkiaraj 19. R.Deivanayagam 20. T.Arulprakasam 21. T.Parthasarathy 22. R.Mohan 23. R.Nadimuthu 24. R.Shyamsunder 25. R.Srikanth 26. S.Bathrudeen Ahamed 27. A.Manikandan 28. A.Raja 29. B.Deepak 30. C.Arumugaperumal 31. C.Balaji 32. D.Ganesh Kumar 33. E.M.Hidayathulla 34. G.Stanley David 35. K.Senthil Kumaran 36. S.Senthil Kumar 37. S.Karthikeyan 38. A.Sanglipandi 39. C.Deepak 40. C.Magesh Kumar 41. C.Manikandan 42. G.Praveen Kumar 43. K.Sathish Kumar 44. M.Deepak 45. M.E.Meera Krishnan 46. M.Gopi 47. M.Mohamed Gowdhu Navas 48. N.Manivannan 49. P.Madasamy 50. R.R.Ajaykumar 51. S.Harichandran 52. S.Karthick 53. S.Kuttimani 54. S.Manikandan 55. S.Matheswaran 56. S.Perumal Raj 57. S.Suresh Kumar 58. T.Dhandapani 59. T.Ramesh 60. V.Thiyagarajan 61. S.Venkadesan 62. M.Jeyaraj 63. A.Yesubalan 64. C.Ravichanthiren 65. S.Periyasamy 66. E.Suresh 67. R.Saranraj ... Petitioners .. Vs .. 1. The State of Tamilnadu rep. by the Secretary Home (Courts) Department, Fort. St. George, Chennai - 9. 2. The Registrar General, High Court, Chennai - 104. 3. The Registrar Administration, High Court, Chennai - 104. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of the first respondent made in G.O.Ms.No.685, dated 05.10.2015, to quash the same in so far as paragraph-3 therein, more particularly the fixation of pay on consolidated basis is concerned, and by consequently directing the respondents to consider the claim of the petitioners for absorption in the respective posts and to fix the petitioners in the time scale of pay as per the proposal of the second respondent in the respective posts of Senior System Officer/System Officer/System Assistant forthwith and to extend all consequential accrued service benefits thereto. [Prayer amended as per order dated 27.10.2015 made in M.P.No.1 of 2015 in W.P.No.21135 of 2015]. For Petitioners : Mrs.N.R.Jasmine Padma For R-1 : Mr.P.S.Sivashanmugha Sundaram, Special Government Pleader For RR-2 & 3 : Mr.V.Vijayashankar - - - - - ORDER
(Order of the Court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties for some time.
2. This writ petition has been filed praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order of the first respondent made in G.O.Ms.No.685, dated 05.10.2015 and to quash the same insofar as paragraph-3 therein, more particularly, the fixation of pay on consolidated basis is concerned, and consequently direct the respondents to consider the claim of the petitioners for absorption in the respective posts and to fix the petitioners in the time scale of pay as per the proposal of the second respondent in the respective posts of Senior System Officer/System Officer/System Assistant forthwith and to extend all consequential accrued service benefits thereto.
3. The System Officers and System Assistants were appointed in the High Court on consolidated basis/temporary basis. However, having regard to the length of service rendered by them and considering the fact that many of the petitioners possess necessary qualifications, their services were sought to be regularised. In this regard, the Registry has addressed the Government to regularise the services of those candidates, who have the requisite education and technical qualifications. The Government has also consented to consider the case of the petitioners as a special case subject to the condition that the candidates/petitioners satisfying the necessary qualifications.
4. Pursuant to the framing of the Madras High Court Technical Manpower (Appointment and Conditions of Service) Rules 2017, the case of the 66 Persons, who are the petitioners in the above said writ petition and who are presently working on contractual basis, has been considered. It is seen from the records that only 35 candidates have satisfied the prescribed qualification in terms of the Recruitment Rules and a note has been placed before the Committee for absorption of these 35 candidates viz., 1 Senior Systems Officer (now re-designated as Senior Systems Manger); 29 System Officer (now re-designated as Systems Analyst) and 5 System Assistant (now re-designated as Assistant Programmer). For the present, as per the submission of the learned Special Government Pleader appearing for the first respondent, they have regularised the services of 34 persons as System Analyst and another 31 persons as Assistant Programmers and some of them as System Managers and some of them as System Assistant Programmers. For the remaining persons, it is submitted that as and when they possess the requisite qualification, as per the Madras High Court Technical Manpower (Appointment and Conditions of Service) Rules 2017, they will be duly absorbed.
5. The Official Memorandum issued by the Madras High Court in R.O.C.No.30/2017-CON.ESTT.I, is recorded. In the said memorandum, it is stated that a condition has been imposed to some of the System Analysts and Assistant Programmers to qualify themselves within a prescribed period as per Rules 9 and 10(c) of the Madras High Court Technical Manpower (Appointment and Conditions of Service) Rules 2017 with effect from 27.06.2017 i.e., from the date of commencement of these Rules for absorption on regular post as per the Government Orders in (1) G.O.(Ms).No.685, Home (Cts.III) Dept., dated 05.10.2015; (2) G.O.(Ms).No.694, Home (Cts.III) Dept., dated 30.09.2016; (3) G.O.(Ms).No.143, Home (Cts.III) Dept., dated 17.02.2017 and 4) The Madras High Court Technical Manpower (Appointment and Conditions of Service) Rules 2017 and they were permitted to work on contractual basis in the pay scale of Rs.18,000/- per month and Rs.10,000/- per month till they acquire the qualification prescribed under Rules 9 of the above said Rules. As regards the petitioners, whose services were regularised, it is made clear that they are regularised with effect from 27.06.2017.
6. With the above observation, this Writ Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs.
[H.G.R.,J.] [V.P.N.,J]
21.12.2017
Index : Yes/No
Internet : Yes
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HULUVADI G.RAMESH, J.
AND
V.PARTHIBAN, J.
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To
1. The Secretary,
The State of Tamilnadu
Home (Courts) Department,
Fort. St. George, Chennai - 9.
2. The Registrar General,
High Court, Chennai - 104.
3. The Registrar Administration,
High Court,
Chennai - 104.
W.P.No.21135 of 2015
21.12.2017