The prayer in the Writ Petition runs as follows.
? This writ petition is filed to call for the records in G.O.(D).No.16, dated 15.03.2010 issued by the 1st respondent and quash the same and further direct the 1st respondent to regularise the service of the petitioners in Kallar Reclamation Hostels from 31.12.1998 and granting all service benefits.?
2.Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents.
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.
?4. NkNy gj;jp 3-y; fz;l Kbtpd;gb gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh; eyj;Jiwapd; fl;Lg;ghl;by; ,aq;Fk; tpLjpfspy; jw;NghJ khjk; &.500/- njhFg;g+jpak; ngWk; rikayh;fis &.2550 ? 3200 vd;w rk;gs Vw;wKiwf;F cah;j;jpAk; NkYk; gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh; eyj;Jiw fl;Lg;ghl;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 cah;j;jpAk; MizapLfpwJ.
5. ,t;turhiz 01.07.1998 Kjy; eilKiwf;F tUfpwJ.?
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:
?2. 01.07.1998-f;Fg; gpwF njhlq;fg;gl;l gpw;gLj;jg;gl;Nlhh; kw;Wk; kpfg;gpw;gLj;jg;gl;Nlhh; eyj;Jiwapd; fl;Lg;ghl;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;gLj;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; 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;.?
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.
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 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.
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.
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.
10.With the above directions, this writ petition is disposed of. No Costs.
To
1.The Government Secretary, Backward Class & Most Backward Class Welfare department, Secretariat, anna Salai, Chennai.
2.The Commissioner, Most Backward Class & Denotified Community Welfare, Ezillagam, Chepauk, Chennai.
3.The Joint director, kallar Reclamation, Madurai-20..