Back
2021 Supreme(Mad) 236
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.M. Sundresh, S. Ananthi, JJ.
T. Muthukumaravel – Appellant
Versus
The Secretary to the Government of Tamil Nadu, Municipal and Water Supply Administration, Chennai & Others – Respondents
W.A.(MD)Nos. 313 & 314 of 2018
Decided On : 05-01-2021
Advocate Appeared:
For the Appellant :J. Ashok, Advocate.
For the Respondent: J. Padmavathi Devi, Special Government Pleader, R. Murali, Shaji Bino, N.S.Karthikeyan.
The Court upheld the Government's decision to absorb the Panchayat Secretaries as Record Clerks based on their educational qualifications and the difference in nature of job and qualifications with respect to the Corporation.
Headnote:
Government Order - Absorption of Panchayat Secretaries with Municipal Corporations - G.O.Ms.No.154 Municipal Administration and Water Supply (MC.5) Department, dated 05.12.2014 - G.O.Ms.No.69, Municipal Administration and Water Supply (MC.5) Department, dated 21.02.2020
Fact of the Case:
The Writ Appeals challenged the Government Order facilitating the absorption of Panchayat Secretaries with Municipal Corporations and the designation fixed for them. The Writ Petitioners argued for the continuation of their posts held prior to absorption, citing a similar absorption in Tirunelveli Corporation.
Finding of the Court:
The Court found that the educational qualification for the post of Junior Assistant is different from that of Panchayat Secretary/Panchayat Assistant. The Government's decision to absorb them as Record Clerks with certain conditions was upheld. The Court also noted the difference in nature of job and qualifications with respect to the Corporation.
Issues: Violation of Article 14 of Constitution of India, denial of posts held by the appellants, and extension of benefits similar to those granted in G.O.Ms.No.69, Municipal Administration and Water Supply (MC.5) Department, dated 21.02.2020 from the date of absorption.
Ratio Decidendi: The Court upheld the Government's decision to absorb the Panchayat Secretaries as Record Clerks based on their educational qualifications and the difference in nature of job and qualifications with respect to the Corporation. The Court also allowed the appellants to approach the Government for benefits similar to those granted in G.O.Ms.No.69, Municipal Administration and Water Supply (MC.5) Department, dated 21.02.2020.
Final Decision: The Writ Appeals were disposed of, confirming the order of the learned Single Judge, with the above said observations. No costs.
JUDGMENT :
M.M. Sundresh, J.
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order dated 11.01.2018, made in W.P.(MD)No.20268 of 2014.
Writ Appeal filed under Clause 15 of Letters Patent Act, against the order dated 11.01.2018, made in W.P.(MD)No.21079 of 2014.)
1. These Writ Appeals have been filed by the appellants, challenging the Government Order passed, facilitating the absorption of the Panchayat Secretaries of the local bodies with the Municipal Corporations. Resultantly, designation has been fixed for them. The aforesaid Government Order passed imposing certain conditions in G.O.Ms.No.154 Municipal Administration and Water Supply (MC.5) Department, dated 05.12.2014, was put to challenge. The sum and substance of the arguments of the Writ Petitioners before the learned Single Judge was to the effect that they should be allowed to carry forward their posts, they were holding prior to the absorption. Incidentally, it has been argued that in one similar absorption pertaining to Tirunelveli Corporation, the posts held were allowed to be continued even after absorption. The learned Single Judge dealt with the contentions raised by the Writ Petitioners and has given the following findings:
“11. I find merits in the submissions made by the learned Additional Government Pleader for the respondents. Firstly, the post of Panchayat Assistant/Panchayat Secretary is not equivalent to the post of Junior Assistant. Secondly, the recruitment for the post of Junior Assistant is being done by the Tamil Nadu Public Service Commission. Thirdly, the educational qualification for the post of Junior Assistant is quite different from the educational qualification for the post of Panchayat Secretary/Panchayat Assistant. Therefore, when the mode of recruitment and the educational qualification for these two posts are not commensurate with the rules specified in the Tamil Nadu Municipal Corporation Subordinate Service Rules, a policy decision was taken by the Government to absorb them as Record Clerks based on their educational qualification in the impugned G.O.Ms.No.154 dated 5.12.2014 with the following four conditions,
“(a) For absorbing the 35 Panchayat Secretaries, 35 Body Constituted posts may be created in the same scale of pay now they are drawing with pay protection.
(b) The above posts will exist till the existing incumbent continues in this post. Consequent on their retirement, promotion, death and transfer to other posts, this post will lapse automatically.
(c) In order to get training on the establishment related matters of the Madurai, Tiruchirappalli, Tiruppur, Erode, Vellore and Thoothukudi Corporations, they may be given training in the Record Rooms at least for a period of 3 years.
(d) After completion of 3 years training, they may be considered for promotion and appointment as Record Clerks based on their Education Qualifications.”
which cannot be found fault with.
12. Fourthly, the contention made by the petitioners that when the Government had merged the village panchayats into respective Municipal Corporations, the employees serving in the village panchayats should also be absorbed as employees of the respective Municipal Corporations, has not been denied by the respondents, because, while merging the village panchayats into Municipal Corporations, all the employees working in the village panchayats were also absorbed as the employees of the Municipal Corporations. While doing so, taking note of the factor that the petitioners were not appointed in the time scale of pay at the time of appointment and they were all paid with monthly remuneration, they were brought into the time scale of pay in G.O.Ms.No.175, Rural Development and Panchayat Raj Department dated 5.12.2006 at Rs. 625-10-725-30-925 from 1.9.2006. Again, one another G.O.Ms.No.52, Rural Development and Panchayat Raj Department dated 29.8.2011 was also issued re-designating the Panchayat Assistant post as Panchayat Secretary by revising the time s
