The Tamil Nadu Civil Supplies v. G.Palani
Case brief
What is this about?
Corporation appealed against Single Judge order restoring fringe benefits to casual labourers absorbed as regular employees. Court held discrimination based on appointment source is impermissible since service regulations define regularity by successful probation completion, not recruitment mode. Appeal dismissed.
What did the court decide?
Four weeks time granted to appellant to comply with the Single Judge order dated 11.03.2014 restoring benefits.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2015
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL
W.A.No.924 of 2015 and M.P.No.1 of 2015
The Tamilnadu Civil Supplies Corporation Ltd., rep by its Chairman-cum-Managing Director, 42,Thambusamy Road, Chennai-10. .. Appellant Vs. 1.G.Palani 2.A.Krishnamurthy 3.G.Rajendran 4.T.Ramachandran 5.S.Ganesan 6.A.Anbarasan 7.N.Jayam 8.The State of Tamilnadu, rep by its Secretary to Government, Food, Cooperation and Consumer Protection Department, Fort St. George, Chennai-09. .. Respondents
This writ appeal is preferred under Clause 15 of Letters Patent against the order dated 11.03.2014 passed in W.P.No.10108 of 2008.
W.P.No.10108 of 2008:- Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the G.O.Ms.No.213, Food, Co-operation and Consumer Protection (A1) Department dated 15.10.1998 of the second respondent along with the consequential proceeding No.AE3/23706/07 dated 5.4.2007 of the first respondent herein, quash both the orders in so far as it has deprived the petitioners of their Medical allowance, Washing allowance, Tea and Dust allowances, surrender of earned leave and encashment of earned leave on death / retirement, Leave Travel Concession and appointment on compassionate ground in case of an employee who dies while in service and consequently restore the benefits from 5.4.2007 with all attendant benefits.
Issues for consideration
3 issues framed by the court
Whether casual labourers absorbed and regularised with probation are entitled to the same fringe benefits as regular officers appointed through the employment exchange?
Whether an executive order withdrawing benefits from absorbed employees creates impermissible discrimination based on the source of appointment?
Whether the Single Judge correctly quashed the impugned order withdrawing fringe benefits?
Parties & counsel
- appellant
The Tamilnadu Civil Supplies Corporation Ltd.
- respondent
G. Palani
- respondent
The State of Tamilnadu
Coram
Case details
As recorded by the court registry
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