ELANGO Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is directed against the impugned order of the second respondent dated 20.10.2008, by which the second respondent being the District Collector-cum-Chairman, District Rural Development Agency has fixed the consolidated pay at Rs.8000/- to the petitioner from 1.7.2008 from Rs.5000/- and for direction against the second respondent to pay the consolidated pay at Rs.10,000/- as per earlier proceedings of the second respondent dated 27.11.2007 with effect from 15.9.2003.

(2.) THE petitioner who completed his M.A. degree in Sociology, had worked in sanitation campaign, Nagapattinam District and in recognition of the same, he was appointed as District Project Coordinator on contract basis for the total sanitation in Nagapattinam District and the appointment was made by the District Collector, the second respondent by order dated 10.6.2004 on a consolidated pay of a sum of Rs.5000/- for a period of one year. 2(a). THE sanitation campaign is stated to have started in Nagapattinam in 2003 and apart from the petitioner, 11 Block Coordinators have been appointed by the second respondent-District Collector and they have to improve the sanitation facilities in the village panchayat by constructing toilets in schools, anganwadis, etc. by improving the drainage facilities and other projects. 2(b). THE project is run by the District Collector along with a Committee consisting of 12 members including the Assistant Director of Village Panchayat, District Chief Educational Officer, District Social Welfare Officer, etc. While the District Project Coordinator like the petitioner was paid a consolidated pay of Rs.5000/-, the Block Coordinators were paid a sum of Rs.3000/- per month which was fixed based on the resolution passed by the Chairman of the Committee and others. 2(c). It is stated that on 27.11.2007, the District Water and Sanitation Committee Meeting was presided over by the District Collector, Nagapattinam wherein the work done between 2003 and 2007 were reviewed and it was decided to give the workers under the project a hike in their salary and accordingly, for the District Project Coordinator the monthly consolidated salary was increased to Rs.10000/- and the traveling allowance of Rs.2000/- was fixed and similarly, the salary for the Block Coordinators, the pay was fixed at Rs.4000/- with traveling allowance of Rs.500/-. This was made based on the payments made in Kancheepuram District where for District Project Coordinator a sum of Rs.12,000/- and for Block Coordinators a sum of Rs.6,000/- were fixed. 2(d). THE decision taken was to pay the said consolidated pay with effect from the date of starting of the project viz., 15.9.2003 while the payment of traveling allowance was given effect from 1.1.2008. It is stated that the increased salary was paid to the petitioner from the month of April,2008 which was given in May,2008. THE petitioner made an oral representation to pay arrears, however, the District Collector passed the impugned order on 20.10.2008 as if the increased salary was from Rs.5000/- to Rs.8000/- per month while for Block Coordinators the salary was maintained at Rs.4000/- and the said increase was made with effect from 1.7.2008. 2(e). It is stated that there was no Committee meeting held for passing the impugned order. However, a show-cause notice was issued by the third respondent on 6.11.2008 alleging that the petitioner refused to receive the increased salary and obtained the District Collector-s signature in the resolution book, not replying to the earlier show cause notice dated 12.6.2008, not reaching the target fixed for the project and not submitting the project report from June to October,2008 for which the petitioner gave a suitable reply. 2(f). Since the above said action was taken only for the purpose of preventing the petitioner-s right to get the increased salary based on the proceedings of the Committee dated 27.11.2007, the petitioner filed the present writ petition challenging the impugned order of the second respondent, the District Collector dated 20.10.2008 wherein the District Collector has stated that the increase in salary in respect of the petitioner being the District Project Coordinator is Rs.8000/- with effect from 1.7.2008.

(3.) A reference to the order of appointment of the petitioner made by the second respondent dated 9.6.2004 shows that the appointment of the petitioner was pursuant to the interview held on 9.6.2004 and his appointment was to the post of District Project Coordinator on contractual basis to work for total sanitation campaign in Nagapattinam District. The appointment order shows that after the petitioner signing the contract and joining duty at the District Rural Development Agency, Nagapattinam, the appointment order would come into effect. Accordingly, a contract was entered into between the Chairman of Nagapattinam District Water and Sanitation Committee and the petitioner as District Project Coordinator on 10.6.2004 which was for a period of two years. As per the contract, the petitioner was fixed a consolidated pay of Rs.5000/- p.m. without any right of permanent absorption or regularization.