P.Maheswaran Vs Secretary

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in nr.K.M.vz;.43079/2006/J2 dated 16.03.2007 by which 1/15

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the third respondent regularized the service of the petitioner to time scale and quash the same and further direct the first respondent to regularize the service of the petitioner in Backward Classes Welfare Government Boys Hostel from 01.07.1998 on the basis of the G.O.No.67 dated 02.07.1998 issued by Backward Classes and Most Backward Classes Welfare Department and granting all service benefits.

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For Petitioner : Mr.S.Vijayakumar

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For Respondents : Mr.K.R.Badurin Zaman Government Advocate

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ORDER

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Under assail in the order dated 16.03.2007 passed by the District Backward Classes and Minority Welfare Officer, Theni.

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The case of the petitioner is that he was appointed as a Cook in

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the Backward Class Welfare Government Boys Hostel at Odaipatti on 10.04.1995 at consolidated pay of Rs.100/- per month. Later, the Backward Classes and Minorities Welfare Government Boys Hostel has been brought under the control of Backward Classes and Minorities Welfare Officer, Theni District. The third respondent had revised the

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petitioner's pay from Rs.100/- to Rs.500/- per month by issuing an order an order in N.K.24757/98 (J1) dated 06.08.1988 with effect from 01.07.1998. Later, the petitioner was brought under time scale of pay as per the aforesaid order. As per the proceedings of third respondent dated 16.03.2007, clearly proves that there was already up to 14 vacancies were existing from the year 1998. As per the G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998 issued by the Backward Classes and Most Backward Classes Welfare Department, the cooks who are all receiving consolidated pay of Rs.500/- on 01.07.1998 are eligible to bring under the time scale. The petitioner was receiving Rs.500/- per month as consolidated pay on 01.07.1998. The respondents have failed to follow G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998.

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In an identical matter like this case, in Kallar Reclamation Boys Hostel in Madurai District, three cooks who were appointed in the year 1994 was not brought under time scale from 01.07.1998 have filed a writ petition in W.P.(MD)No.10241 of 2010 before this Court and obtained favourable order on 13.03.2017 to regularize their service from

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01.07.1998. As against the order, the respondents chose to file a writ appeal in W.A(MD)No.987 of 2017 and the Hon'ble Division Bench dismissed the writ appeal and confirmed the learned Single Judge Order on 24.07.2017. Thereafter, the first respondent issued G.O.No.75 dated 19.11.2018 and ordered to regularize their service from 01.07.1998. Accordingly, their service were regularized and they have received all their attendant benefits. The Kallar Reclamation is also a part coming under the control of the first respondent and any order issued by the first respondent is common to Backward Class Welfare Government Boys Hostel and Kallar Reclamation School Boys and Girls Hostels. The petitioner sent a representation to the respondents on 03.07.2019. Till date no action has been taken in regularizing the petitioner's service from 01.07.1998. By suppressing and wrong interpretation of the fact of the G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998, the third respondent had regularized the petitioner's service from 16.03.2007. Three cooks belongs to Kallar Reclamation whose services are subsequently regularized by the first respondent, vide G.O.No.75 dated 19.11.2018. They are appointed as cook in December 1994, whereas, the petitioner has been appointed as cook in April 1995. The difference of appointment

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filed.

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period between them is only four months. Hence, this writ petition is filed.

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The learned Counsel appearing for the petitioner would submit that the order impugned dated 16.03.2007 issued by the third respondent regularizing the service of the petitioner is contrary to G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998. The order came to be passed by suppressing the fact of the G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998, which categorically gives effect to regularize the service of the cooks who are receiving consolidated pay of Rs.500/- on 01.07.1998. The petitioner was regularized on 16.03.2007. Even though he received Rs. 500/- on 01.07.1998 is illegal against the principles of equity and to strengthen his contention he has relied upon the judgment of Honourable Division Bench in W.A.(MD)No.987 of 2017 dated 24.07.2017 to show that the persons who are brought into regular time scale of pay were also appointed only on consolidated pay and no grounds made out for treating the petitioner at a different footing. He further submitted that the petitioner sent a representation dated 03.07.2019 to the respondents and

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till date no action have been taken in regularizing his service from 01.07.1998 as did to the Kallar Reclamation cooks. To strengthen his contention he also relied upon the judgment of this Court in W.P. (MD)No.8830 of 2021 dated 08.07.2024 wherein the writ petitioners are working as cooks on consolidated pay of Rs.500/- with effect from 01.07.1998. G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998 applies to them and the same in automatic.

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Per contra, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner was sponsored through Employment Exchange and appointed as helper to cook on consolidated pay with a condition that his appointment was purely temporary and not governed by any service rules or adhoc rules. Accepting the conditions, the petitioner joint as helper to cook on 10.04.1995 in consolidated pay of Rs.100/-. He further submitted that as per G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998, the petitioner pay was raised from Rs.100/- to Rs.500/- on 01.07.1998. Even though the appointment was purely temporary basis in consolidated pay, it was

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regularized and brought under scale of pay with effect from 16.03.2007. Therefore, the orders made are well reasoned.

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It is seen from the records that the petitioner was originally appointed as helper to cook on consolidated pay of Rs.100/- per month on 10.04.1995. However as per G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998, the petitioner's pay was raised from Rs.100/- to Rs.500/- per month with effect from 01.07.1998. A perusal of the order impugned reveals that there was already up to 14 vacancies were existing from the year 1998. The petitioner was brought under the time scale of pay vide order impugned dated 16.03.2007. At this juncture, it is relevant to cite the judgment of the Honourable Division Bench in W.A.(MD)No.987 of 2017 dated 24.07.2017 and relevant portion are observed as follows:

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“5. The learned Judge rightly noted that the persons who are brought into regular time scale of pay were also appointed only on consolidated pay. No grounds have been made out for treating the writ petitions on a different footing. The question of lack of vacancies also would not arise. The writ petitioners were only working as Cooks even on 01.07.1998. Therefore, the learned Single Judge

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was right in directing the appellants herein to regularize the service of the writ petitioners with effect from 01.07.1998 with all consequential benefits. We see no reason to interfere with the order passed by the learned Single Judge.”

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It is also relevant to cite the judgment of this Court in W.P.

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(MD)No.8830 of 2021 and the same is extracted as follows:

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“9.Fully fortified by the order and judgment passed in the Writ Petition and Writ Appeal respectively discussed supra, considering the fact that, even in the instant case, the petitioners were working as Cooks on a consolidated pay of Rs.500/~ per month with effect from 01.07.1998, G.O.Ms.No.67 dated 02.07.1998, applies to them and the same is automatic. Accordingly, the impugned order dated 03.03.2020 is quashed and consequently, the respondents are directed to regularize the services of the petitioners as Cooks with effect from 01.07.1998 and grant them time scale of pay from 01.07.1998 as per G.O.Ms.No.67, Backward Classes and Most Backward Classes Welfare Department, dated 02.07.1998 with all consequential service and monetary benefits.

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It is seen from the typed set of papers that the petitioner sent his representation dated 03.07.2019 requesting for his regularization with effect from 01.07.1998. The grievance of the petitioner is that he has been serving as cook on consolidated pay for Rs.500/- per month with effect from 01.07.1998 and his claim for regularization of his service with effect from 01.07.1998 has not been considered. However, lis in hand is no more res integra , this Court in W.P.(MD)No.10241 of 2010 dated 13.03.2017 has dealt with the similar case and the relevant portion is extracted as follows:

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“ 3. The grievance of the petitioners is that they have been serving as cooks on a consolidated pay of Rs.500/~ (Rupees Five Hundred only) per month, as on 01.07.1998. They have been denied the benefits of G.O.No.67, dated 02.07.1998. The petitioners were originally appointed on a consolidated pay of Rs.100/~ (Rupees Hundred only) on 08.12.1994 and 09.12.1994 respectively. The consolidated pay was increased to Rs.500/~ (Rupees Five Hundred only) on 01.07.1998 as per the Government Order cited above. The operative portion of G.O.No 67 dated 02.07.1998 reads as follows:~ - /-

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4.NkNy gj;jp 3-y; fz;l Kbtpd;gb gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh;

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eyj;Jiwapd; fl;Lg;ghl;by; ,aq;Fk; tpLjpfspy; jw;NghJ khjy; &.500 /- njhFg;G+jpak; ngWk; rikayh;fis &.2550 /- - 3200 /- vd;w rk;gs Vw;wKiwf;F cah;j;jpAk; NkYk; gpw;gL;j;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh; eyj;Jiw fl;Lghl;by; ,aq;Fk; tpLjpfspy; jw;NghJ khjk; &.100 njhFg;G+jpak; ngWk; rikay; cjtpahsh;fspd; khj njhFg;G +jpaj;ij &.100 ypUe;J &.500 /- Mf cau;j;jpAk; MizapLfpwJ.

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,t;tpurhiz 01.07.1998 Kjy; eilKiwf;F tUfpwJ.

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5.Subsequently a clarification letter has been issued to the Government of 20.10.1999, in paragraph No. 2 of the said letter reads as follows:~

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01.07.1998-f;Fg; gpwF njhlq;fg;gl;l gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;Nlhh; eyj;Jiwapd; fl;Lghl;by; ,aq;Fk; gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh; tpLjpfspy; khj njhFg;G+jpak; &.500 /- kw;Wk; &.100 /- KiwNa xg;gspg;G nra;ag;gl;l rikayh; rikay; cjtpahsh;fSf;F Nkw;Fwpg;gplg;gl;l murhiz (epiy) vz;.67, gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gL;j;jg;gl;Nlhh; eyj;Jiw> ehs; 02.07.1998 nghUe;Jk; vd;Wk; mt;turhiz eilKiwf;F te;j 01.07.1998f;Fg; gpwF Jtq;fg;gLk; tpLjpfspy; rikayh; kw;Wk;

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rikay; cjtpahsh; ,lq;fspy;> Vw;fdNt ,aq;fp tUk; tpLjpfspy; Nkw;gb murhizapd;gb khjk; &.500 /- njhFg;G+jpak; ngWk; rikay; cjtpahsh;fis> rhpahd – Kjepiyapd;gb khjk; &.2550 /- 3200 /- vd;w rk;gs Vw;wKiw rikayh; ,lj;jpw;Fk; Gjpajhf epakpf;fg;gLgtiu khjk; &.500 /- njhFg;G+jpak; ngWk; rikay cjtpahsuhf epakdk; nra;Ak;gb njhptpf;fg; gzpf;fg;gl;Ls;Nsd;. ”

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6.From the reading of the Government Order as well as clarification letter, it is clear that even persons who were appointed on consolidated pay of Rs.500/(Rupees five Hundred only) after 01.07.1998 are entitled to the benefits of G.O.No.67 dated 02.07.1998. Even from the impugned order, it is clear that the petitioners were given the consolidated pay of Rs.500/(Rupees five Hundred only) from 01.07.1998. Therefore they are entitled to the benefits of G.O.No.67 dated 02.07.1998.

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7.The first respondent in the impugned G.O. (D).No.16, dated 15.03.2010 has said that the petitioners services were regularised on a time scale of pay depending upon the vacancies that were available in the Kallar Reformation Schools. This apparently has led to the first respondent committing an error. The reading of the G.O.No.67

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dated 02.07.1998 shows that the regularisation is not depending upon the availability of the vacancies. The question of availability of vacancy does not arise, since it is an admitted case that the petitioners were infact working as cooks on the date on which the Government Order was to take effect, i.e., on 01.07.1998.

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8.Therefore, the premise on which the first respondent has proceeded appears to be incorrect. Since the petitioners were working as cooks on a consolidated pay of Rs.500/~ (Rupees five Hundred only) on 01.07.1998, G.O.No.67 automatically applies to them and they are entitled to put on the timescale of pay on the said date. This is also clarified by the letter dated 20.10.1999 wherein Letter No.11084/BC1/98~2 Backward Classes/Most Backward Classes and Minorities Welfare Department. Therefore I am of the considered view that the impugned order of the first respondent cannot be sustained and the same is quashed. Rule Nisi is made absolute.”

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9.The first respondent is directed to regularise the services of the petitioners with effect from 01.07.1998 with all attendants benefits. The said exercise shall be completed within the period of twelve weeks from the date of receipt of a copy of this order.”

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In the instant case, the petitioner was working as Cook on

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consolidate pay of Rs.500/- per month with effect from 01.07.1998 as per G.O.(Ms)No.67 dated 02.07.1998, applies to him and the same is automatic. Accordingly, the impugned order dated 16.03.2007 is quashed and the respondents are directed to regularize the petitioner as cook with effect from 01.07.1998 and to grant time scale of pay from 01.07.1998 as per G.O.(Ms)No.67 Backward Classes, Most Backward Classes and Minorities Welfare Department dated 02.07.1998 with all consequential service and monetary benefits., within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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