High Court · 2025

WP No. 29867 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11-08-2025CORAMTHE HONOURABLE MS. JUSTICE P.T. ASHAWP No. 29867 of 20251. D.Lakshmi NarayananS/o..Duraisamy, No.736, Ramamurthy Nagar, Puthumariamman Koil Post, Salem -3.Petitioner(s)Vs1. The Secretary To Government,Labour Welfare And Skill Development Department, Secretariat, Chennai 600 009,2.The Commissioner Of Labour,Labour Commissionerate, Department Of Labour, DMS Campus, Teynampet, Chennai 600 006.3.The Chief Engineer,Operation And Maintenance, State Dam Safety Organisation Water Resources Department, Chepauk, Chennai -600 005. https://www.mhc.tn.gov.in/judis WP No. 29867 of 20254.The Superintending Engineer,Workshop And Stores Circle, Water Resources Department, Chepauk, Chennai -600 005.5.The Executive Engineer,And General Superintendent, Water Resources Department, Public Works Workshop And Stores, Chepauk, Chennai -600 005.Respondent(s)PRAYER: Directing the respondents to disburse the salary of the petitioner for the period from September 2022 to till June 2025 with accrued interest in pursuance of the representation of the petitioner dated 03/02/2025 to the 5th respondent in the light of the proceedings of the 2nd respondent vide No.F1 /24321 /2023 dated 30/09/2024 and 29/01/ 2025.For Petitioner(s):Mr.S.Vijayakumar, Senior Counselfor Mr.K.N.PandianFor R1 to R5: Mr.R.U.Dinesh Raj Kumar, Additional Government PleaderORDERThe Writ Petition is filed for the below relief:"directing the respondents to disburse the salary of the petitioner for the period from September 2022 to till June 2025 https://www.mhc.tn.gov.in/judis WP No. 29867 of 2025with accrued interest in pursuance of the representation of the petitioner dated 03/02/2025 to the 5th respondent in the light of the proceedings of the 2nd respondent vide No.F1 /24321 /2023 dated 30/09/2024 and 29/01/ 2025.".2. The brief facts which are culminated in filing this writ petition are set out below: 2.1. The petitioner had joined as Assistant Inspector of Labour through the Tamil Nadu Public Service Commission and had joined duty as a Trainee on 16.07.2002. After successful completion of the training, he was posted as Assistant Inspector of Labour, Sathiyamangalam on 08.10.2002. Thereafter, he was appointed in the cadre of Labour Officer and was posted as Inspector of Labour, Krishnagiri on 02.05.2012. He was transferred to Nagercoil and later to Coimbatore and ultimately he joined in Salem on 26.10.2017. The petitioner continued in the post of Labour welfare officer in the office of the 5th Respondent. The 2nd Respondent had issued him with charge memo by proceedings dated 29.07.2013 under Rule 17[b] of the Tamil Nadu Civil Services [Discipline and Appeal] Rules alleging serious misconduct and https://www.mhc.tn.gov.in/judis WP No. 29867 of 2025violation of Rule 20 of the Tamil Nadu Government Servants Conduct Rules 1973. 3. The petitioner would submit that the petitioner would challenge the proceedings on the ground that the Respondent does not have the jurisdiction to invoke the Tamil Nadu Civil Services [Discipline and Appeal] Rules, as the alleged charges framed against the petitioner would not fall under the said rule. However, the petitioner had participated in the enquiry. Though, he was not given the requisite document, the 2nd Respondent imposed punishment of retention to lower post that is Assistant Inspector of Labour for a period of 7 years and relieved him from the post of Labour welfare Officer. 4. Aggrieved of the same, the Petitioner had filed W.P.No.26743 of 2022 for the issuance of Writ of Certiorari, calling for the records relating to the proceedings of the first respondent vide G.O.[3D] No.76 Labour Welfare and Skill Development [E1] Department dated 20.09.2022 and also the order of the second Respondent vide E4/30303/2022 dated 20.09.2022 and to quash the https://www.mhc.tn.gov.in/judis WP No. 29867 of 2025entire proceedings. The writ petition was allowed by order dated 06.02.2024. As the petitioner was serving as Labour Welfare Officer and subsequently reverted to the post of Assistant Inspector of Labour, the Respondents had not regularised his salary applicable to his cadre and as a result, the salary for the period from September 2022 to June 2025, which is totalling to the sum of Rs.31,18,769/- in the light of the inordinate delay in settling the arrears of salary, the petitioner had filed contempt petition in 2665 of 2024 to punish the respondents 1 and 2 for disobedience of the order passed in 26743 of 2022 dated 06.02.2024. When the contempt was taken up for hearing on 11.09.2024, the 2nd Respondent had submitted the report stating that the petitioner continued in the post of Labour Welfare Officer and sought for closure of contempt proceedings. The same was examined and this Court had closed the contempt petition on 11.09.2024. The petitioner has been making several representations to the Respondents to pay the said salary arrears which is pending since September 2022. The petitioners had sent representations to the respondnets on 02.01.2024, 03.02.2025 and also on 01.07.2025. Therefore, the petitioner had approached this Court. https://www.mhc.tn.gov.in/judis WP No. 29867 of 20255. Heard the learned Counsels and perused the records.6. Taking into account the fact that the petitioner only seeks early disposal of his representation dated 03.02.2025, in the light of the earlier proceedings, this Writ Petition is allowed directing the respondents to disburse the salary of the petitioner for the period from September 2022 to till June 2025 with accrued interest in pursuance of the representation of the petitioner dated 03/02/2025 to the 5th respondent in the light of the proceedings of the 2nd respondent vide No.F1 /24321 /2023 dated 30/09/2024 and 29/01/ 2025.7. Accordingly, the Writ Petition stands allowed. No costs.11-08-2025shlIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 29867 of 2025To1.The Secretary To Government,Labour Welfare And Skill Development Department, Secretariat, Chennai 600 009,2.The Commissioner Of Labour,Labour Commissionerate, Department Of Labour, Dms Campus, Teynampet, Chennai 600 006.3.The Chief Engineer,Operation And Maintenance, State Dam Safety Organisation Water Resources Department, Chepauk, Chennai -600 005.4.The Superintending Engineer,Workshop And Stores Circle, Water Resources Department, Chepauk, Chennai -600 005.5.The Executive Engineer,And General Superintendent, Water Resources Department, Public Works Workshop And Stores, Chepauk, Chennai -600 005. https://www.mhc.tn.gov.in/judis WP No. 29867 of 2025P.T.ASHA J.shlWP No. 29867 of 2025 11-08-2025 https://www.mhc.tn.gov.in/judis WP No. 29867 of 2025W.P.No.29867 of 2025P.T.ASHA J.This case is listed today under the caption 'for being mentioned' at the instance of the learned Counsel for the petitioner. 2. The learned Counsel for the petitioner would submit that in the Order copy dated 11.08.2025, by inadvertence, in the appearance portion, the name of the petitioner and in the operative portion, the time line to comply with the said direction is not included.3. Based on the submission of the learned Counsel for the petitioner, the below changes are to be effected in the order copy dated 11.08.2025.(i) The below changes are to be effected in the appearance portion in Page 2 of the Order. For Petitioner : Mr.S.Vijayakumar, Senior CounselMr.J.Melwin JabazFor Respondents 1 to 5 :Mr.R.U.Dinesh RajkumarAdditional Government Pleader. https://www.mhc.tn.gov.in/judis WP No. 29867 of 2025(ii) Paragraph 6 of the Order dated 11.08.2025 is replaced as follows: "6. Taking into account the fact that the petitioner only seeks early disposal of his representation dated 03.02.2025, in the light of the earlier proceedings, this Writ Petition is allowed directing the respondents to disburse the salary of the petitioner for the period from September 2022 to till June 2025 with accrued interest in pursuance of the representation of the petitioner dated 03/02/2025 to the 5th respondent in the light of the proceedings of the 2nd respondent vide No.F1 /24321 /2023 dated 30/09/2024 and 29/01/ 2025 within a period of one month from the date of receipt of a copy of this order."4. Registry is directed to carry out the necessary corrections and issue fresh copy of the order to the parties.29.08.2025shl https://www.mhc.tn.gov.in/judis WP No. 29867 of 2025P.T.ASHA J.shlW.P.No.29867 of 202529.08.2025