E SANTHI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) EIGHT persons have joined together and filed the writ petition challenging a part of the impugned proceedings dated 9. 11. 2005 in Na. Ka. No. I4/30634/2004.

(2.) IN the impugned order 15 persons have been reappointed as cook on a consolidated monthly salary of Rs. 850/ -. The grievance of the petitioners is that they should have been appointed on time scale of pay and not under consolidated pay.

(3.) THE facts that lead to the filing of the writ petition are as follows:-Petitioners were originally appointed as cooks by the third respondent in his proceedings Na. Ka. No. I5/3000/2001 dated 5. 11. 2001 to serve in the Adi Dravidar welfare School Hostels in Perambalur District. They were appointed on a time scale of pay of Rs. 2,550-55-2,660-60-3,200. No doubt, it is stated that they are appointed temporarily. On 21. 12. 2001 by G. O. Ms. No. 234, the appointment of the petitioners as cook was cancelled relying upon G. O. Ms. No. 21 Labour and employment Department dated 2. 2. 2000. Since the G. O. Ms. No. 234 dated 21. 12. 2001 cancelling the appointment of the petitioners was done arbitrarily and without following the due process of law, some of the cooks appointed on 5. 11. 2001, approached the Tamilnadu Administrative Tribunal. The Tribunal by its order dated 11. 2. 2003 in O. A. Nos. 180 to 184 of 2002 and 140 to 150 of 2002 set aside the G. O. Ms. No. 234 dated 21. 12. 2001 cancelling the appointment order in respect of the applicants before the Tribunal. The order of the Tribunal was implemented by the District Revenue Officer and Joint Director, Adi Dravidar Welfare, chennai by order dated 20. 12. 2004 in Na. Ka. No. I4/30634/2004. The persons who had the benefit of the order of the Tribunal were reemployed on the time scale of pay of Rs. 2,550-55-2,660-60-3,200/- and after adding other perquisites, the basic pay was taken and fixed as Rs. 2,660/ -. These persons are now regular employees in the time scale of pay as stated above. Thereafter, six other persons approached this court for similar relief in W. P. No. 21345 of 2005. This court by order dated 30. 6. 2005 directed the Secretary to Government, Adi dravidar and Tribal Welfare Department to consider their appeal on merits. The petitioners in the present writ petition made representation to the first respondent Government and to the other respondents in this writ petition to consider their claim for reemployment as in the case of the cooks who approached the Tribunal and got favourable orders. This was considered by the respondent authority and on 21. 10. 2005, the Secretary to Government Adi Dravidar Welfare department directed the Commissioner, Adi Dravidar Welfare Department to appoint the petitioners and other persons on consolidated pay of Rs. 850/- per month. Consequent to the above said internal communication, on 9. 11. 2005 in the impugned proceedings 15 persons, who have been left out, were reemployed on a consolidated salary of Rs. 850/- per month. In the impugned order, it is clearly stated that these persons were originally appointed on 5. 11. 2001 and they have been removed from service.