The District Adi Dravidar Welfare Officer v. S.Kamatchi

JUDGMENT (Judgment of the Court was delivered by R.SURESH KUMAR, J.) This appeal has been directed against the order passed by the Writ Court dated 24.09.2019 in W.P.No.28190 of 2019.

¶2The appellant Department notified vacancies to the Government in Adi Dravidar Welfare Department in Salem District in August 2015. The petitioner is one among the candidate whose name has been sponsored by the Employment Exchange. However, the appellant Department had not considered the petitioner for the said post, therefore the petitioner/respondent and similarly placed persons filed writ petition in W.P.No.36556 of 2015 in the said writ petition, this Court by an order dated 17.11.2015 directed the appellant Department to consider the representation.

¶3Consequently the respondent was issued with an order of appointment to the post of Cook vide proceedings of the 1st appellant dated 03.03.2016 and the respondent also joined in the said post on

04.03.2016 and she continued there.

¶4However, all of a sudden by proceedings dated 23.12.2017 the appellant issued a relieving order stating that, the respondent is relieved from the post of Cook on administrative grounds for obtaining posting orders.

¶5Thereafter the respondent/writ petitioner filed W.P.No.546 of 2018 challenging the said order dated 23.12.2017 during the pendency of the writ petition, an interim order was obtained, based on the interim order the respondent has not been reinstated, therefore she was construed to file a contempt petition and when the contempt petition was pending, the appellant Department on 02.03.2018 had issued a proceedings for reinstatement, accordingly the respondent was reinstated.

¶6Subsequently the said writ petition came up for consideration along with similarly placed writ petitions before another learned Judge who disposed all those writ petitions by a common order dated

22.02.2019 whereby the following order has been passed. "17. This being the factum, the writ petitioners are at liberty to approach the District Adi Dravidar and Tribal Welfare Officer pursuant to the impugned order and submit their explanations / objections regarding their respective appointments and on receipt those explanations/objections, the District Adi Dravidar and Tribal Welfare Officer is empowered to consider the materials available on record as well as the explanations submitted by the writ petitioners and take a decision and pass speaking order."

¶7Pursuant to the said order passed by the learned Judge dated

22.02.2019, action has not been taken and no consideration had been shown by the appellant Department, therefore once again the respondent/ writ petitioner had filed a writ petition in W.P.No.28190 of 2019 and in that writ petition order has been passed by the learned Judge on

24.09.2019 whereby the learned Judge had given a direction to the 1st respondent therein who is the 1st appellant herein to implement the order dated 22.02.2019 passed in W.P.No.546 of 2018 etc. batch and to pay the petitioner/respondent salary from August 2018 onwards based on the order of appointment issued by the 1st respondent/1st appellant dated

03.03.2016 and also to consider the representation of the petitioner/ respondent dated 21.05.2019. Aggrieved over the said order, the present appeal has been directed.

¶8Heard Mr.K.V.Sajeev Kumar, learned Special Government Pleader appearing for the appellants and Mr.J.Jayamalan, learned counsel appearing for the respondent.

¶9The learned counsel for the respondent on instructions would submit that, during the pendency of this appeal the appellant Department has considered the request of the respondent and accordingly she has been reinstated.

¶10From 17.03.2020 onwards salary also had been continuously paid to the respondent. However, for the period from 01.08.2018 till

17.03.2020 even though the respondent had been working, salary for the said period has not so far been paid.

¶11The learned Special Government Pleader appearing for the appellants in fact submitted that, before the Writ Court no opportunity had been given to the appellant Department who stood as the respondents to defend the case by filing counter, therefore since orders has been passed at the admission stage, in order to take the defence, the present appeal has been filed, he contended.

¶12We have considered the said submissions made by both sides.

¶13Now there is no dispute that, as per the direction issued by the learned Judge dated 22.02.2019 in W.P.No.546 of 2018, the case of the respondent also was considered and her reinstatement with effect from August 2018 has been confirmed.

¶14In this context, pursuant to earlier direction issued by the Coordinate Bench of this Court, a compliance affidavit has been filed by the 1st appellant. Along with the said compliance affidavit, the communication of the 1st appellant to the State Government Pleader dated

03.11.2020 has been annexed, wherein, inter alia, the 1st appellant has stated the following: "mjd; bjhlh;r;rpahf ghh;it 7-y; nryk; khtl;l Mjpjpuhtplh; kw;Wk; gH';Foapdh; ey mYtyhpd; bray;Kiw e/f/vz;/12047-2019-o4 ehs;: 03/09/2019-d;go nkw;fz;l rikayh;fs; 07/09/2019 md;W nryk; khtl;l Mjpjpuhtplh; kw;Wk; gH';Foapdh; ey mYtyh; Kd;dpiyapy; nehpy; M$uhfp Ml;nrgidfs; kw;Wk; tpsf;f';fis vGj;Jg;g{h;tkhf

bjhptpf;f

Fwpg;ghiz mDg;gg;gl;lJ/ mjd; mog;gilapy; jdpah;fsplk; ,Ue;J bgwg;gl;l tpsf;fj;jpid khtl;l Ml;rpj; jiyth; mth;fspd; ghh;itf;F vLj;Jr; bry;yg;gl;L nryk; khtl;l Ml;rpj; jiyth; mth;fspd; bray;Kiwfs; e/f/vz;/12047-2019-o4 ehs;: 15/11/2019-W.A.No.672oofo2020 d;go FG mikff; g;glL; 16/11/2019 ehspll; fojjj; py; khtll; Mlr; pah; mthf; Sf;F ghpeJ; iu rkh;g;gpff; g;gll; J/ khtll; Mlr; pah; mthf; spd; e/f/vz;/12047-2019-o4 ehs;:17/11/2019-d;go FGtpd; ghpeJ; iu VwW; tpLtpff; g;gll; rikayhf; Sf;F khz;gik brdi; d cah;ePjpkd;w jhP ;g;gpd; mog;gilapy; ksP g;gzpaplk; tH'f; mDkjp ntz;o muR TLjy; jiyikr; brayhsh;. Mjpjpuhtplh; kw;Wk; gH'F; oapdh; eyjJ; iw. brdi; d mthf; Sf;F mDg;gg;gll; J/ muR TLjy; jiyik brayhsh;. Mjpjpuhtplh; kw;Wk; gH'F; oapdh; eyjJ; iw mthf; sJ foj e/f/vz;349A-Mjpe4(1)-2018-8 ehs;: 22/11/2019 ehspll; fojjj; py; nryk; khtll; jj; py; css; Mjpjpuhtplh; - gH'F; oapdh; ey tpLjpfs.; cz;L ciwtpl gs;spfspy; cs;s rikayh; - fhtyh; css; pll; fhypg;gzpapl'f; is Mat; [ braJ; . brdi; d cah;ePjpkd;w tHfF; W.P.No.1315 to 1319 of 2018-d;go kPjhd brdi; d cah;ePjpkd;w jhP ;g;ghiz ehs; 22/02/2019-d;go cah;ejP pkd;w Mizapy; nryk; khtll; Mjpjpuhtplh; kw;Wk; gH'F; oapdh; ey mYtyh; cjj; utplg;glL; ss; epiyapy; nkw;go Mizapid eilKiwg;gLjJ; k; bghUlL; jh'f; ns Kot[ bra;a[khWk; mwptW[ j;jg;gl;Lss; J/ ghhi; t 19-y; fhQqk; brdi; d Mjpjpuhtplh; ey Mizah; mthf; spd; fojj;jpy; gzpapypUeJ; tpLtpff; hkYk;. kPsgzpaplk; tH'f; g; bgw;W gzpgh[ peJ; tUk; rikayhf; SfF; Cjpak; bgwW; tH';FtJ bjhlh;ghf rikayh; kw;Wk; mog;gilg; gzpahsh;fSf;F gzp epakdk; mYtyh; khtl;l Mjpjpuhtplh; kw;Wk; gH';Foapdh; ey mYtyh; vd;gjhy; nkw;fz;l rikayh;fSf;F Cjpak; bgw;W tH';FtJ bjhlh;ghf khtl;l Mjpjpuhtplh; kw;Wk; gH';Foapdh;

ey

mYtyh;

epiyapnyna mwpt[Wj;jg;gl;Ls;sJ/"

¶15Therefore, it has become clear that the Committee had been constituted which have gone through the entire gamut of the issue, pursuant to which, direction had been given to reinstate all those persons and for payment of salary also it has been authorised, therefore there can be no further impediment for paying salary arrears payable to the respondent from 01.08.2018 till 17.03.2020. Insofar as the rest of the period is concerned, it is admitted that, the respondent is already starting to receive the payment, when that being so, there is absolutely no reason to interfere with the order passed by the learned Judge which is impugned herein, resultantly this appeal fails, therefore it is deserved to be dismissed with the following directions: That there shall be a direction to the appellants to calculate the salary arrears payable to the respondent from

01.08.2018 till 17.03.2020 and pay the same within a period of twelve weeks from the date of receipt of a copy of this judgment.

¶16With this direction, this Writ Appeal is dismissed. However, there shall be no order as to costs. Connected C.M.P. is closed. [R.S.K., J.] [K.B., J.]

04.10.2023 Index : Yes/No Speaking Order : Yes/No

Sgl

R. SURESH KUMAR, J. and

K.KUMARESH BABU, J. Sgl

04.10.2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.10.2023 CORAM THE HON'BLE Mr. JUSTICE R.SURESH KUMAR AND THE HON'BLE Mr. JUSTICE K.KUMARESH BABU W.A.No.672 of 2020 and C.M.P.No.9353 of 2020 1.The District Adi Dravidar Welfare Officer, Salem District, Salem – 01. 2.The Special Tahsildar (ADW), Attur Taluk – 636 102, Salem District. ... Appellants Vs. S.Kamatchi ... Respondent Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying to set aside the order dated 24.09.2019 made in W.P.No.28190 of 2019. For Appellants : Mr.K.V.Sajeev Kumar Special Government Pleader For Respondents : Mr.J.Jayamalan