In this writ petition, petitioners appointed as Data Entry Ops sought regularization from 2005 and promotion to Assistant Programmer under a 2010 Govt Order. The Court dismissed the petition, holding no merit existed as per departmental policy and rules.
The writ petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.1102 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 01.10.2024
PRONOUNCED ON : 23.10.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.1102 of 2020
-Vs-
Rep. by Additional Chief Secretary to Government, Secretariat Home Department, Fort St. George, Chennai – 600 009.
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent Rc.No.87292/A&R(1)/2018 dated 02.08.2018, quash the same and direct the respondents to give effect to the regularization of services of the petitioners in the post of Data Entry Operators with effect from 14.02.2005 and to upgrade their posts by re-
Page 1 of 10
W.P.No.1102 of 2020
desgination as Assistant Programmers commensurate with their qualifications in terms of G.O.Ms.No.339 Finance (PC) Department dated 26.08.2010 and grant them all monetary benefits or in the alternative to reckon their services with effect from 14.02.2005 for fixation of seniority in the Tamil Nadu Ministerial service and to promote them to the post of Assistant and Superintendent with retrospective effect from the date of such promotion of their immediate junior appointed as Junior Assistant/Typist subsequent to 14.02.2005 and to grant all consequential benefits to the petitioners within a limited time frame as deem fit.
For Petitioners : Mr.M.Ravi For Respondents : Mr.P.Kumaresan Additional Advocate General Assisted by Mr.V.Manoharan Additional Government Pleader
ORDER
This writ petition has been filed challenging the order passed by the second respondent dated 02.08.2018, thereby rejected the request of the petitioners seeking retrospective regularization with effect from 14.02.2005 and promote them to the post of Assistant Programmers.
Page 2 of 10
W.P.No.1102 of 2020
compassionate appointment. They were brought into time scale of pay with effect from 01.05.2007. The post of Data Entry Operators were brought into the Tamil Nadu General Subordinate Service Rules and framed Adhoc Rules vide government order in G.O.Ms.No.220 Home (Pol.XV) Department dated 18.02.2016. Thereafter, their services were regularized with effect from the date on which they were brought into time scale of pay i.e., on 01.05.2007. Though they are rendering computer related work other than the data entry operating, they are exercising the duties of Junior Assistants and Typist also. However, they are stagnated in the same post without any promotion.
one man commission to rationalize the nomenclature, education qualifications and scale of pay of information technology employees in various departments and passed order in G.O.Ms.No.339 Finance (Pay Cell) Department dated 26.08.2010. Further directed all the heads of the departments to send necessary proposal for proper implemetation of the said government order. As per the government order, the petitioners are
Page 3 of 10
W.P.No.1102 of 2020
qualified and eligible for being re-designated by upgradation as Assistant programmers, commensurate with their education qualification and also for revision of scale of pay. In fact, their services were regularized only with effect from 01.05.2007 instead of their initial appointment. Therefore, the petitioners submitted representation and the same was not considered.
and rejected the representation submitted by the petitioners by an order
Page 4 of 10
W.P.No.1102 of 2020
dated 02.08.2018, on the ground that there is no specific instructions in
the government order in G.O.Ms.No. 339 Finance (PC) Department dated 26.08.2010, to promote the Data Entry Operator to the post of Assistant Programmer.
the learned Additional Advocate General revealed that both the petitioners were appointed as Data Entry Operator on compassionate ground. Both were wait listed for appointment and they were sent to nine months training and thereafter they were appointed as Data Entry Operator with effect from 14.02.2005. During the training period, they were paid stipend of Rs.1000/- per month and after completion of their training period, they were appointed temporarily as Data Entry Operators with a consolidated salary of Rs.2,500/-. Thereafter, they were brought into time scale of pay with effect from 01.05.2007.
Page 5 of 10
W.P.No.1102 of 2020
Data Entry Operator in Police Department came into force with effect from 01.05.2007. However there was no order to regularize their service with retrospective effect i.e., from the date of their initial appointment. Thus, it is clear that as per the government order in G.O.Ms.No.989 Home (Pol. XV) Department dated 21.10.2002, the petitioners were sent for computer training programme for appointment as Data Entry Operator with effect from 14.02.2005. Therefore, during their nine months training period, they were paid stipend of Rs.1,000/- per month. After completion of their training period, they were appointed as Data Entry Operator with consolidate pay temporarily. Subsequently, as per the government order in G.O.(4D) No.52 Home (Pol. XV) Department, dated 22.06.2007, the services of all the Data Entry Operators in the police department have been brought under the time scale of pay with effect from 01.05.2007 and adhoc rules vide G.O.Ms.No.220 Home (Pol XV) Department dated 18.02.2016 have also been framed for the post of Data Entry Operator. Therefore, the service of the petitioners were regularized in the post of Data Entry Operator and they were brought into time scale of pay with effect from 01.05.2007.
Page 6 of 10
W.P.No.1102 of 2020
Page 7 of 10
W.P.No.1102 of 2020
(½)
Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No
rts
Page 8 of 10
W.P.No.1102 of 2020
To
State of Tamil Nadu, Secretariat Home Department, Fort St. George, Chennai – 600 009.
Page 9 of 10
W.P.No.1102 of 2020
G.K.ILANTHIRAIYAN. J,
rts
ORDER IN W.P.No.1102 of 2020
.10.2024
(½)
Page 10 of 10
2 issues framed by the court
Whether the petitioners are entitled to retrospective regularization and promotion to Assistant Programmer based on G.O.Ms.No.339 Finance (PC) Department dated 26.08.2010.
Whether the impugned order rejecting the representation seeking upgradation of Data Entry Operators to Assistant Programmers is legally unsustainable.
2 provisions across 2 enactments
Sithapathy G
Habib Basha H
State of Tamil Nadu
Director General of Police, Tamil Nadu
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
