Madras High Court
S.Manimegalai vs Government Of Tamil Nadu on 25 November, 2019
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.11149 of 2008.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.11149 of 2008
and connected Miscellaneous Petition
S.Manimegalai .. Petitioner
Vs
1. Government of Tamil Nadu
rep. by Secretary to Government
Adi Dravidar and Tribal Welfare Department
Fort. St.George
Chennai-600 009
2.The Managing Director
TAHDCO,
Chennai-600 107 .. Respondents
Prayer:- This Writ Petition is filed, under the Article 226 of
Constitution of India, to issue a writ of Certiorarified Mandamus
calling for records relating to the orders in (1)
Pro.Mu.No.A2/10795/07 dated 14.03.2008 of the second respondent
; (2) Se.Mu.No.A2/16342/01 dated 29.11.2007 of the second
respondent, quash the same and to direct the respondents to
permanently absorb the petitioner as Assistant Manager with effect
from 21.11.2002 for all purposes with all consequential benefits.
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W.P.11149 of 2008.
For Petitioner : Mr.M.Ravi
For Respondent : Mrs.B.Anand, Govt.Advocate
for R1
Mr.K.Bhuvaneswari, AGP for R2.
ORDER
The petitioner has been initially appointed as Accountant in the year 1987 in Tamil Nadu Leather Development Corporation, Chennai, and later on resigned the said post on 08.07.1994.
2. In the recruitment test conducted by TALCO, the petitioner was selected and joined duty as Commercial Accountant on 08.07.1994, thereafter, promoted temporarily as Assistant Project Officer, Tamil Nadu Corporation for Women Development, Chennai, from 01.06.2000 and was posted to Vellore District and served in the said post till 06.08.2002 and reverted back to TALCO.
3. Consequent to the order of the Government in G.O.Ms.No.19, Small Industries Department, dated 26.02.1999, the petitioner opted for absorption as Divisional Accountant in the Tamil Nadu Adi Dravidar Housing Development Corporation [TAHDCO] and joined duty on 21.11.2002 by Proceedings No.A1/7926/02 dated 29.10.2002.
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4. It is averred in the writ petition that as per the guidelines issued by the Government in G.O.Ms.No.27 Finance [BPE] Department, dated 24.01.2007, for permanent absorption of employees deputed to another State Public Sector Undertaking, before closure of the parent undertaking, certain conditions are prescribed and the petitioner who is stated to have passed department tests eligible for the post of Assistant Manager in TAHDCO, made representation dated 21.08.2007 for such post. However, by Proceedings in Pro.No.A2/16342/01 dated 29.11.2007, the Managing Director, TAHDCO, passed orders permanently absorbing the petitioner as Assistant i.e., to a lower post, which according to the petitioner amounts to reversion and a punishment.
5. Aggrieved by the said proceedings reverting the petitioner to a lower post, petitioner preferred appeal dated 21.01.2008 seeking for permanent absorption as Assistant Manager in TAHDCO with effect from 21.11.2002 with consequential benefits. Since the petitioner has not received any response, the present writ petition is filed.
6. Counter affidavit has been filed by the respondents. It has been stated in the counter affidavit that in the post of Assistant who 3/10 http://www.judis.nic.in W.P.11149 of 2008.
have worked for not less than 5 years only can be promoted as Assistant Manager as per the seniority list approved by the Managing Director. Further, there is no direct recruitment of Assistant Manager in TAHDCO Service Rules.
7. In the counter affidavit, it has been specifically stated that the petitioner has passed test prescribed for the post of Assistant and not for Assistant Manager Post. The petitioner has not possessed the required experience as Assistant as prescribed by the TAHDCO Service Rules, for absorption as Assistant Manager.
8. Today, when the matter came up for hearing, the learned Government Advocate, appearing for the respondents produced a letter of the Managing Director, TAHDCO, dated 23.11.2019, clarifying the position of the petitioner that she joined TAHDCO on 21.11.2002, but she has not passed the Accounts Test conducted by Accountant General within two years as prescribed for the post of 'Divisional Accountant'. The petitioner further sought for post of 'Assistant Manager' by representations dated 13.08.2007 and 21.08.2007. However, by proceedings in A2/16342/2001 dated 29.11.2007, the petitioner has been permanently absorbed as 4/10 http://www.judis.nic.in W.P.11149 of 2008.
Assistant. Further, it is stated in the said letter that the petitioner's seniority in cadre of Assistant is placed in 56A in between Sl.No.56 R.Elumalai and Sl.No.57 G.Muthuselvi. Further, as prescribed, on completion of five years of service in the post of Assistant, she has been given the promotion of Assistant Manager. Further, along with the said letter dated 23.11.2019, the seniority list, as on 31.12.2006 and 31.12.2007 in the post of Assistant had been annexed. It is further stated in the said letter that since the petitioner has not accepted the absorption in the post of Assistant who has been listed in the seniority as on 31.12.2006 and filed W.P.No.17872 of 2013, the abovesaid promotion has not been effected till date.
9. The clarification letter also pointed out that as early as on 18.03.2008, the petitioner has been informed by the Managing Director, 1st respondent department vide proceedings in A1/16342/2001, if the petitioner is not interest to work as Assistant, on her option, she could return to her parent department.
10. Lastly, it is further clarified that in view of the above orders, the petitioner's name has been included in the list prepared on 31.03.2014 and as such, she could be given promotion as Assistant 5/10 http://www.judis.nic.in W.P.11149 of 2008.
Manager after 31.03.2014. On such promotion, the scale of pay will be fixed as Rs.9300-34800-4800. The relevant portion of the said letter dated 23.11.2019 addressed to the Additional Chief Secretary, Adi Dravidar and Tribal Welfare Department from the Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation Limited (TAHDCO), is extracted as follows:-
"jkpHehL njhy; tsh;r;rpf; fHfj;jpypUe;J. tzpf fzf;fh; epiyapy; jpUkjp v!;/kzpnkfiy vd;gth; jhl;nfhtpy; maw;gzpapy; gzpaplk; nfhhpaijj; bjhlh;e;J. tzpf fzf;fh; gzpaplk; jhl;nfhtpy; ,y;yhj fhuzj;jhy;. nfhl;lf fzf;fuhf maw;gzp mog;gilapy; jhl;nfhtpy; 21/11/2002 md;W gzpapy; nrh;e;Js;shh;/ jdpahpd; nfhhpf;ifapd; nghpy; jdpaiu jhl;nfhtpy; nfhl;lfzf;fuhf epue;ju gzp<h;g;g[ bra;a 30/09/2005 md;W eilbgw;w jhl;nfh ,af;Feh; FGkj;jpy; bghUs; itf;fg;gl;lijj; bjhlh;e;J bgwg;gl;l jPh;khdj;jpd;go muRf;F ,g;bghUs; Fwpj;J fUj;JU mDg;gg;gl;lJ/ nfhl;lf;fzf;fUf;fhd jFjp njh;tpy; jdpah; njh;r;rp bgwtpy;iy vd;gjhy; ,uz;L tUlj;jpw;Fs; Accountant General K:yk; elj;jg;gLk; nfhl;lf;fzf;fh; jFjp njh;tpid njh;r;rp bgw jdpaUf;F mwpt[Wj;jg;gl;lJ/ jdpah; chpa fhyj;jpy; nkw;go njh;tpid vGjtpy;iy/ 13/08/2007 (k) 21/08/2007 ehspl;l tpz;zg;g';fs; K:yk; jdpah;. jdf;F nfhl;lf; fzf;fh; gzpaplk; ntz;lhk; vd;Wk;. Jiwj;njh;t[f;s njh;r;rp bgw;Ws;sjhy; jdf;F cjtp nkyhsuhf gzpaplk; tH';FkhWk; nfhhpa[s;shh;/ 2007 mg;nghija nkyhz;ik ,af;Feh; mth;fspd; bray;Kiw Miz 6/10 http://www.judis.nic.in W.P.11149 of 2008.
vz;/m2/16342/01 ehs; 29/11/2007 K:yk; jdpaiu jhl;nfhtpy; cjtpahsuhf epiyahf gzp<h;g;g[ bra;ag;gl;Ls;sJ/ mt;thizapd;go. ,thpd; K:g;g[hpik cjtpahsh; gjtpapy; 31/12/2006 md;W btspaplg;gl;Ls;s KJepiyg; gl;oaypy; t/vz;/56y; cs;s jpU/Mh;/VGkiy cjtpahsUf;F gpd;g[k;. t/vz;/57y; cs;s jpUkjp/$p/Kj;Jr;bry;tp. cjtpahsUf;F Kd;ghft[k; 56v vd thpir epiyypy; ep;h;zapf;fg;gl;Ls;sJ/ jpUkjp/v!;/kzpnkfiy. cjtpahsh; jhl;nfh gzptpjpfspd;go cjtpahsh; epiyapy; Fiwe;jg;lrgk; $e;J tUl';fs; gzpg[hpe;jpUf;f ntz;Lk;/ mjd; mog;gilapy; ,tUf;F gpd;ghf t/vz;/57y; fhZk; jpUkjp/$p/Kj;Jr;bry;tp. cjtpahsUf;F. 5 tUl';fs; cjtpahsh; epiyapy; gzp Koj;jjhy;. 2014k; Mz;L cjtp nkyhsUf;fhd gjtp cah;t[ tH';fg;gl;Ls;sJ/ 31/12/2006 (k) 31/12/2007f;fhd cjtpahsh;fSf;fhd KJepiyg;gl;oaypd; efy; j';fs; fdpthd ghh;itf;F itf;fg;gLfpwJ/ cjtpahsUf;fhd K:g;g[hpikg; gl;oaypy; 31/12/2006 epiyapy; nrh;j;Jf; bfhs;sg;gl;l jpUkjp/v!/kzpnkfiy vd;gth;. cjtpahsuhf gzp<h;g;g[ bra;jij Vw;Wf; bfhs;shky;. jdpah; ePjpkd;wj;jpy; bjhLf;fg;gl;l tHf;F epYitapy; (tHf;F vz;/17872/2013) ,Ue;j fhuzj;jhy;. ,Jehs; tiu jdpaUf;F gjtp cah;t[ tH';ftpy;iy/ 18/03/2008 ehspl;l jpUkjp/v!;/kzpnkfiy vd;gtUf;F mDg;gg;gl;l nkyhz;ik ,af;Feh; mth;fspd; Fwpg;g[ vz;/m/16342/2001y; jh';fs; bjhlh;e;J cjtpahsuhf gzpg[hpa tpUg;gk; ,y;yhjgl;rj;jpy;. j';fSila tpUg;gj;jpd;nghpy;. j';fSila jha;j;Jiwf;F mDg;g jhl;nfh jahuhf cs;sJ vd bjhptpf;fg;gl;Ls;sJ/ vdnt. nkw;go Mizapd; mog;gilapy;. jdpaUf;F 7/10 http://www.judis.nic.in W.P.11149 of 2008.
31/03/2014f;fhd bjhptpg;gl;oayd;go jdpaUila bgaiu nrh;j;J. jdpaUf;F 31/03/2014f;F gpd;g[ cjtp nkyhsuhf gjtp cah;t[ tH';f ,aYk;/ mt;thW cjtp nkyhsuhf gjtp cah;t[ tH';Fk; epiyapy; cjtp nkyhsUf;fhd Cjpa tpfpjk; U:/9300-34800-4800 ju Cjpak; vd;w mog;gilapy; Cjpa eph;zak; bra;ag;gLk;/ nkw;go tptuk j';fs; nkyhd ghh;itf;F gzpe;J rkh;g;gpf;fg;gLfpwJ/"
11. In view of the above letter of the Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation Limited (TAHDCO), dated 23.11.2019 and the submission of the learned Government Advocate to the effect that the Government is in the process of passing orders in the present issue, the Additional Chief Secretary to Government, Adidravidar and Tribal welfare department, shall take note of the proposal submitted by the above said authority and also consider the appeal filed by the petitioner dated 21.01.2008 and take a decision independently and pass appropriate orders, as expeditiously as possible, within a period of eight weeks from the date of receipt of a copy of this order. It is open to the writ petitioner to prefer one more representation, with additional particulars, if so chooses, to the Government, within a period of two weeks from the 8/10 http://www.judis.nic.in W.P.11149 of 2008.
date of receipt of a copy of this order.
12. The Writ petition stands disposed of on the above directions. No costs. Consequently, connected miscellaneous petitions are closed.
Index:Yes/No 25.11.2019
nvsri
Note:Issue order copy by 04/12/2019.
D.KRISHNAKUMAR, J.
//nvsri
To
1. The Secretary to Government
Adi Dravidar and Tribal Welfare Department Fort. St.George Chennai-600 009
2.The Managing Director TAHDCO, Chennai-600 107 W.P.11149 of 2008 9/10 http://www.judis.nic.in W.P.11149 of 2008.
25.11.2019 10/10 http://www.judis.nic.in