The Division Bench upheld the High Court single judge order regularizing services of sweepers entitled to the Rs.2,550-3,200 pay scale under G.O.Ms.No.977, denying retroactive differential wages to the government.
Writ Appeal dismissed; appellants entitled to future benefits based on pay scale but not differential wages for past period.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MS.JUSTICE P.T.ASHA
W.A.No.480 of 2015
& M.P.Nos.1 & 2 of 2015 1.The Secretary to Government, Home (Police) Department, Fort St. George, Chennai – 09 2.The Director General of Police, Mylapore, Chennai 4. 3.The Commissioner of Police, Chennai City, Egmore, Chennai. .... Appellants/Respondents -vs1.A.Ravanammal 2.Parameswari 3.S.Rathinammal 4.Mary 5.A.Yesammal 6.P.Chinnammal 7.R.Mariyammal 8.J.Fathima 9.A.Sathya 10.K.Chellamal 11.S.Ramalammal
12.V.Angammal
.... Respondents/Petitioners
Write Appeal filed under Clause 15 of Letter Patent against the order dated 21.06.2013 made in W.P.No.8538 of 2013 on the file of the High Court of Judicature at Madras.
Prayer in W.P.No.8538 of 2013:
This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in G.O.Ms.No.653 dated 7.8.2009 in so far it regularizes the services of the petitioners herein prospectively and quash the same and consequently direct the respondents to regularize the services of the petitioners herein in the permanent post of Sweeper with effect from their initial dates of appointment by bringing them in the regular time Scale of pay with all consequential and attendanted service benefits in the light of the G.O.Ms.No.977 dated 12.10.2006.
For Petitioners: Mrs.A.Sri Jeyanthi Special Government Pleader For Respondents: Mr.M.Suresh
O R D E R [Judgment of the Court was delivered by P.T.ASHA,J.]
The above Intra-Court appeal arises against the order of the learned single Judge in W.P.No.8538 of 2013 dated 21.06.2013, directing the 1st respondent to comply with the order in G.O.Ms.No.977 dated 12.10.2006 by granting the scale of pay of Rs.2,550/- – 3,200/- to the Writ petitioners for the post of sweeper on completion of 10 years of service and to pay the monetary benefits within a period of twelve weeks from the date of receipt of a copy of the order. The facts in brief are as follows:
2.The Government of Tamil Nadu regularized the services of the part time sweepers retrospectively as per the order in G.O.Ms.No.977, Home (Pol.XV) Department dated 12 October 2006. The benefit was extended to others, pursuant to the orders passed by the Court. The claim made by the respondents for extending the benefit to them was not considered. Though the other sweepers were all given the pay scale of Rs.2550.55–2660– 60–3200, the respondents were given the pay scale of Rs.1300– 3000 based on the Government Order in G.O.Ms.No.653 Home Police
Department dated 7 August 2009. The learned Single Judge allowed the Writ Petition taking into account similar orders passed in the case of others and even by the Government.
3.Similar Issues had come up before the Division Bench in W.A.No.884 of 2014, W.A.Nos.491 and 559 of 2015. The Division Bench was pleased to direct the appellants to extend the benefit of the earlier order in G.O.Ms.No.977 dated 12 October 2006 to the respondents therein. The respondents herein are similarly situated. They are also entitled for regularization of their services and the scale of pay which was given to the other employees. The revised time scale of pay of Rs.1300–20–1600–252000 was fixed only for 1149 sweepers serving in the Police Department. However, other employees who were similarly situated were all given the pay scale of Rs.2550-3200. We are therefore of the view that the learned Single Judge was justified in allowing the Writ Petition.
4.We make it clear that though the appellants are also entitled to the pay scale indicated in the Government Order in G.O.Ms.No.977 dated 12 October 2006, they would not be entitled to the differential wages for the earlier period. However, the pay scale will be taken note of for fixing all the other benefits. The Writ Appeal is dismissed with the above clarification. No costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kan To, 1.The Secretary to Government, Home (Police) Department, Fort St. George, Chennai – 09.
3.The Commissioner of Police,
Chennai City,
Egmore, Chennai
W.A.No.480 of 2015
&
M.P.Nos.1 & 2 of 2015
rsi[co]
srg 23/07/2019
3 issues framed by the court
Whether writ petitioners similarly situated to those in the Division Bench judgments are entitled to regularization of services and pay scale of Rs.2,550/- – 3,200/-
Whether appellants are entitled to differential wages for the earlier period despite regularization
Whether the learned Single Judge was justified in allowing the writ petition for employees not initially considered
Secretary to Government, Home (Police) Department
Director General of Police
Commissioner of Police, Chennai City
A.Ravanammal
Parameswari
S.Rathinammal
K.K.Sasidharan
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
