A.Jesuraja v. Govt. of Tamil Nadurep. by Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 13..6..2008Coram: The Hon'ble Mr. Justice K.CHANDRUW.P. No. 17790 of 1998A.Jesuraja .. PetitionerVs.

Govt. of Tamil Nadurep. by Secretary, Industries Department, Fort St.George, Chennai – 600 009.

Tamil Nadu Magensium & Marine Chemicals Ltd. Rep. by the General Manager1/397 Sethupathy National HighwaysBharathi NagarRamanathapuram 623 503.

Tamil Nadu State Transport Corporation Ltd., Karaikudi,(Formerly Marudhu Pandiar Transport Corporation Ltd.)rep. by the General Manager, Karaikudi 630 307. .. Respondents Petition filed under Article 226 of the Constitution of Indiaseeking for issuance of writ of certiorarified mandamus calling for the records from the files of the second respondent bearingProceedings No.TMML/PO/457/97/18430 dated 01.09.1997 and quash the same in so far as the petitioner is concerned, and issue aconsequential direction to the second respondent to continue the petitioner in employment with the second respondent till such time he is absorbed in any of the other Corporation in a suitable post commensurate with his qualification, experience and last drawn salary, award costs. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr. K.M.RameshFor R1 : Mrs. Vishnupriya,A.G.P.For R2 : Mr.S.KandasamyFor R3 : Mr.T.ChandrasekaranORDERHeard the learned counsel for the parties and perused the records. 2. In this writ petition, the petitioner seeks to set aside the order dated 01.9.1997 issued by the second respondent and for aconsequential direction to the second respondent to continue the petitioner in employment till such time he is absorbed in any otherCorporation in suitable post commensurate with his qualification. 3. The petitioner was employed in the second respondentCorporation, which is a subsidiary of Tamil Nadu IndustrialDevelopment Corporation Ltd. which is wholly owned by the StateGovernment. The State Government issued G.O. Ms. No. 59Industries Department dated 20.02.1997 directing that the workers who were laid off by the second respondent due to want of work, should be absorbed in other Public Sector Undertaking includingState Transport Corporations till such time the State TransportCorporations are precluded from recruiting candidates from outside.

The petitioner, who was working as an Operator Grade III,has the qualification of S.S.L.C. and his name was sent for absorption to various Corporations. Initially they took the stand that he was discharged from service and therefore, he was ineligible for any employment. Subsequently, he was forced to accept the post of Helper that too, on a casual basis and without his consent, though his juniors were absorbed in regular vacancies and they were all given posts commensurate to their qualification. Even when the second respondent had filed an application for retrenchment in terms of Section 25N of the Industrial DisputesAct, 1947 [for short, 'I.D. Act'], the same was not granted. Therefore, in the absence of any prior permission of the Government, the petitioner cannot be denied employment commensurate with his position.

A counter affidavit has been filed by the second respondent stating that once the petitioner had already joined the services of the third respondent, he cannot get any higher post and he cannot also compare himself with that of one Ravichandran, who had filed a writ petition being W.P. No. 1142 of 1997.

The point of distinction was that the petitioner had https://hcservices.ecourts.gov.in/hcservices/ joined the services of the third respondent and had received all the terminal benefits on 09.01.1998. But nowhere in the proceedings, there is any mention that the petitioner had agreed to work as a Helper with the third respondent whereas the GovernmentOrder directs the Corporation to absorb them in commensurate to their qualification.

In identical circumstances, this Court in W.P. No. 10454of 1988 (P.R. Raveendran v. Government of Tamil Nadu and others), disposed on 11.3.2002, has passed the following order:-Para 6:"Learned counsel for the petitioner submitted that even though the petitioner is a graduate, he has not been given suitable post and he has been offered only the post of Helper. However, the learned counsel for the third respondent submitted that there is no equivalent post of chemist in the third respondent corporation and for want of any clerical post to which the petitioner is qualified, he has been offered the post of Helper. Para 7:It is true that the petitioner, who is a graduate has to be accommodated in a suitable post. However, in the absence of any suitable post, this Court cannot direct the third respondent to appoint the petitioner in a suitable post, even though the petitioner is entitled to the post other than theone of Helper. However, in terms of the Government Order, the petitioner is entitled to beconsidered for the post for which he is suitable and eligible. In that event, it is for the first respondent to consider the grievance of the petitioner for issuing suitable directions to anyother Corporations or any other undertakings to appoint the petitioner in a suitable post. Therefore, the first respondent is at liberty to consider the grievance of the petitioner and explore the possibility of accommodating the petitioner in any one of the suitable posts under its control and issue appropriate directions, so as to enable the petitioner being accommodated in a suitable post. However, it is made clear that in the absence of any details of vacancy in any other corporations and undertakings under the control of the Government, in respect of post to which the petitioner is eligible, the above directions shall not be considered as directions issued positively in favour of the petitioner. The consideration by the first respondent is always depending upon the availability of the post if any in the corporation undertakings, under its control. "

In the light of the same, the writ petition will stand https://hcservices.ecourts.gov.in/hcservices/ allowed. The respondents are directed to offer the petitioner the post commensurate with his qualification and provide all benefits arising out of the same. This exercise shall be done within aperiod of eight weeks from the date of receipt of a copy of this order. No costs. Sd/ Asst. Registrar/true copy/Sub Asst. RegistrargriTo1.The Secretary, Govt. of Tamil Nadu Industries Department, Fort St.George, Chennai – 600 009.2.The General Manager Tamil Nadu Magensium &Marine Chemicals Ltd.1/397 Sethupathy National HighwaysBharathi NagarRamanathapuram 623 503.3.The General Manager, Tamil Nadu State TransportCorporation Ltd., Karaikudi, (Formerly Marudhu Pandiar Transport Corporation Ltd.)Karaikudi 630 307.1 CC To Mr.K.Rajasekaran, Advocate, SR NO.29647.1 CC to the Government Pleader, SR NO.294831 CC To Mr.K.M.Ramesh, Advocate, SR NO.29004. W.P. No. 17790 of 1998ka(co)pmk/24.7.08.