Madras High Court · 2025

W.P.(MD) No.24298 of 201811. S. MurugananthamS/o. M. Subramaniyan,Sanavayal, Orikkottai Post,Thiruvadanai Taluk,Ramanathapuram District-623402.12. M. IlayarajaS/o. Malaikannu,Senthamil Nagar,Kannamangalam Post,Ilaiyankudi Taluk,Sivagangai District-630709.13. S. SuryaW/o. K.Vignesh,Uppor Chathiram,Uppor Post, Thiruvadanai Taluk,Ramanathapuram District-623525.14. G. RajeshwariW/o. R. Ramkumar,Adhiyur,Adhiyur Post,Thiruvadanai Taluk,Ramanathapuram District-623 407.15.K. KarthiyayiniD/o. Kalanjiam,Logaguruservai, North Street,Ramanathapuram District-623 501.16. K. ChandraguruS/o. S. Koodalingam,1/114, North Street,Ilandaikulam, Ilandaikulam Post,Maharajapuram Via,Srivilliputhu Taluk,Virudhunagar District-626149.3/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201817. K. SivakumarS/o. KaruppainKatchathanallur,Thelichathanallur Post,Ilaiyankudi Taluk,Sivagangai District-623707.18. P. KosaladeviW/o. Kanagavijayakumar,12/2A, Vasanthan Nagar North,Ramanathapuram District.19. G. SuganyaW/o. Premkumar,3/22J, Valampurai Nagar,Soorankottai,Ramanathapuram District.20. V. SornakumarS/o. A. Vanuvamalai,100, Pillaiyar Kovil Street,Pathmaneli,Nanganeri Taluk,Tirunelveli District-627502.21.S.PrasanthS/o SelvamW-2, Mottaya Devar Street,Gudalur & Post.Uthamapalayam(TK)Theni (DT) - 625518.22. A.ThangapandiS/oAyyar, 6/163, Murugan colony,T.Kunnathur (Post)Peraiyur (TK),Madurai (DT).4/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201823.K.KokilaD/o KrishnanMulliyarenthal(Post)Illayangudi (TK)Sivagangai(DT)24. A. SuryaD/oArjunanNo.5 Ramalinga Nagar,Ramnagar, Devakottai (TK)Sivagangai (DT) - 630303.25.M.BalamuruganS/o MuthuramalingamVazhaiperumal (Village)Siramam(Post)Kalayarkovil (TK)Sivagangai (DT)26.D.ArunmozhiD /o.Dharmaraj130/A Sengai Vadakarai,Indhira Nagar,Sivagangai (DT)27.M.ShanmugapriyaD/o MarimuthuSemboor ColonyThirumanjolai (Post)Sivagangai(DT)- 630561.28.A.MuthusaranyaD/o Arunachalam590,Melavaniyankudi,Koothandan (Post)Sivagangai (DT)29.R.Tamilselvi Esther5/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018W/o O.M.RajuNo.337,MGR Street,Soodamanipuram,Karaikudi,Sivagangai (DT)30.M. SudharsanS/o MuruganD- 19/8,Maruthupandiyar Nagar,Sivagangai (DT) - 630561.31.G.DeepaD/o Govindhasamy3/638,Amaragara Street,Kundrakudi.Sivagangai(DT) 630206.32. K.AnbalaganS/o KaranthamalaiArasanoor,Thirumanjolai(Post)Sivagangai(DT)33.B.Santhoshkumar S/o. BalamuruganD/No. 384,Sevalpunchai,Kalakanmoi(Post)Kalayarkovil(TK)Sivagangai(DT)34.M.VijayanandS/o MahalingamArasinampatti, .Singampunari(Post) & (TK)Sivagangai(DT)35. R.AnanthavalliD/o Ramakrishnan4/44,Amman Kovil Street,thambikaimeedan, Maravanrriadam,Tuticorin(DT).6/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201836.R.DivyaD/o Ravichandran128/1, Old Kalayarkovil Salai,G.H.Opposite, Manamadurai.(TK)Sivagangai (DT) 630606.37. K.AmirthalakshmiD/o KaruppanapandiyanV.Karisalkulam,Vayalcheri(Post)Trichuli(TK)Virudhunagar(DT)38. K.GopalakrishnanS/o Karuppaiah2-38/38,North Street,L.Solaipatti,Peraiyur (TK) Madnrai(DT)39.M.NanthiniD/o Murugesan1-50-19. South Car Street,Palayampatti(Post)Aruppukottai(TK)Virudhunagar (DT)40.M.SathyaD/o Mani AmbalamMeenachipuram,Kanoor(Post)Thiruppachetti, Sivagangai(DT)41.N.Abimathy Rathnam D/o Nageshwaran9,Thamb.iran mada Road,Thiruppuvanam(TK)Sivagangai(DT) – 630611.7/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201842.K.KanimozhiD/o Kathiresan2/252,Melur Main Road,S.S. Mahal Near,Y.Othakkadai.Madurai (DT) – 625104.43. P.SrirengachelviD/o Perumal1/85, Chinnapoplampatti,Mangalrevu(Post)Peraiyur (TK) - 625703.Madurai(DT)44.R.Vinodha,D/o.Rangasamy,10/1,2nd Street,Subramaniya Raja Nagar,Madurai Road, Sivagangai (DT) – 630 561.45.G.KrishnasamyS/o GanesanKeelakottai,K.Kailasapuram(Post)Ottapitarani(TK)Tuticorin(DT)- 627352.46.N.GurudasS/o NarayananMadakottai,Kannankudi(Post)Devakottai(TK)Sivagangai (DT)- 630302.47.A.SathishS/o AzhagumalaiKatchathanallur,Thelichanallur(Post)Ilayangudi(TK),Sivagangai(DT)- 623701.8/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201848.R.JothiD/o Ramakrishnan8/47,Ambathkar Street,Pasiyapuram,Keeladi (Post)Thiruppuvanam (TK), Sivagangai(DT)- 630611.49.B.AlagusundaramS/o BoominathanSelliampatti & (Post)Singampunari (TK)Sivagangai(DT) - 62240350.G.TamilarasiD/o GnanasekaranAbatharanpatti,Eriyur(Post)Singampunari (TK)Sivagangai(DT) - 630566.51. M.VijayalakshmiD/o Meyyappan3-5/75, Velar Theru,Melakudieruppu,Thalakkavoor,Managiri,Suganendal- 630307.Sivagangai (DT)52.K.VinodhaD/o Karuppaiah640/30, Bharathi Nagar,Videocon Near,Sipcot, Manamadurai (TK)Sivagangai (DT)9/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201853.B. RadhikaD/o. C. Babu5/ 110-B, Kandampatty East Colony,Suramangalam Post,Salem District-636005.54. K. MuthukumaravelS/o. Kannuchamy,Periyaelai Village,Poosari Post, Mudukulathur Taluk,Ramanathapuram District - 623711.55.I. Manimozhi D/o. C. IlangoAvarendal Village,Ariyanendal Post,Paramakudi Taluk,Ramanathapuram, District - 623 707.56.A. VelmuruganS/o. Annadurai,2/64, Kallapalli,Kallapalli Post,Krishnarayapuram Taluk,Karur District-639105.57.J. SekarS/o. JeganathanNew 5th Ward,Nariyampattiyan Valavu,Thararnangalam Post,Omalur Taluk,Salem District- 636 502.58.T. Subash Chandra BoseS/o. Thangam, Kuthiraimozhi,Mookaiyur Post,Kadaladi Taluk,Ramanathapuram District.10/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201859.S. PandianS/o. SubbaiahKeezhakayam patti,Vadavalam Post,Pudukkottai Taluk,Pudukkottai Dist.-622004.60.S. Prema W/o. A.Rethinam,Dr.Ambedkar Nagar,Mangottai Post,Karamakudi Taluk,Pudukkottai Dist.-62230161.P. Subramani,S/o. Ponnusamy,Sathivayal, Perampur Post,Viralimalai via,Pudukkottai District.62.L. ArularasuS/o. Labarasu,Minnathur, . Minnathur Post,Kulathur Taluk,Pudukkottai District.63.R.Sindhana,W/o.Ramesh,Balathotanapalli,Denkanikottai Taluk,Krishnagiri District.64. D.Muniyasamy,S/o.Dharmar,5/442, Keeranoor Colony,Muthukulathur Post,Ramanathapuram District- 623704.11/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201865. B.Meivizhi,D/o.Boominathan,4/57, North Street,Thopadaipatti Post,Kamuthi Taluk,Okarisalkulam,Ramanathapuram - 623 603.66. M.Balaji,S/o.Murugesan,No.2/149, South Street,Kulathur Post,Paramakudi Taluk,Ramanathapuram District - 623 530.67. P.S.SangeethaD/o.SelvarajNa.Puthur Village, Konalur Post,Pillaiyar Kovil Street, Kilpennathure Tk,Tiruvannamalai District.68.A.YuvaraniD/o.Anandhan,Arasu Uzhiyar Nagar, Vadaarasarnpattu,Tindivanam Main Road,Tiruvannamalai District – 60570969.M.SivasankariD/o. Munusamy,No.1/7C, East Cross Street,BSNL Opposite Lane,New Sakkarapuram, Gingee,Villupuram District-604202.70.A.ShenbagamD/o. Arivarathan, Keekalur Village 86 Post,Kilpennathur (Via) 86 Taluk,Thiruvannamalai District- 504601.12/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201871.M.ChinthamaniW/o. Chidambaram12, Kamalar Street,Vandavasi 86 Taluk,Thiruvannamalai District – 50440872.C.Kokila,D/o. ChakkarabaniNo.119/5C, South Street,Thokkavadi, Thukkapettai Post,Chengam Taluk,Tiruvannamalai District - 606 709.73.G. SivasankarS/o. GanesanNo. 43/DI, South Street,Emapper Post, Kallalruchi Taluk.,Villupuram District.-606 202.74.S.SelvavenkadeshS/o. Selvaraju,2/ 119, South Street,Chinnakosapallam, Kosapallarn Post,Tittakudi Taluk,Cuddalore District – 606105.75.N.AnandkumarS/o.NatesanNo. 179, Thirukovilur Road,Vettavalam, Tiruvannamalai Taluk - 606 754Tiruvannamalai District.76.V.DevendhiranS/o.Virushabadass,1728/T, Annamalaiyar Nagar West,Vengikkal Pudur,Tiruvannamalai – 606604.13/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201877. P.Balamurugan,S/o.PerumalThazhanallur Street,Narasingamangalam Village,Edaiyur Post, Tittagudi Taluk,Cuddalore District – 606302.78.S.NatarajanS/o. SundaramNo. 680, Bavani Amman Kovil Street,Marriandur Post,Tiruvannamalai District – 63170279.K.VijayanS/o. Kuppusamy No. 159, Aathi Sasa Nagar,Tiruvannamalai & District - 606 60180.M.Venkatesan,S/o.Munusamy38, Aalamarathur StreetPazhaiya Colony,Kananthampoondi Village,Pandithapattu Post,Thiruvannamalai Tk & District-60660381.C.SekarS/o.Chinnasamy105, Muniyappanpalayam,Nagalur Post, Anthiyur Tk,Erode District – 63850282.K.SugumarS/o.KumarDr.No:442, Arijana Colony,Kilpattu Village, Polur Taluk,Timvannamalai District – 60690714/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201883.S.BassS/o.Selvam1308, Manimangalam Village, Mangalam Post,Thiruvannamalai Taluk & District- 606752.84. M.VeerapandiyanS/o.MunusamyNo.416, Vadakku Street,Panaiolaipadi (Vill)Padiagragaram (Po), Chengam (Tk)Thiruvannamalai District-6067085.K.GangadharanS/o.KuppusamyB2/50,Karaiyur,Murugankudi Post,Thittagudi Taluk,Cuddalore District - 60610586.B.MuthuS/o.Baskar81 ,Pillaiyar Kovil Steet,Athiyandal Village,Ayyampalaiyam Post,Tiruvannamalai Tk 85 Dt.-606687.V.DhanancheyanS/o.VengadesanNo 136, Melkatchirapattu,Mettu Them, Meyyur (Post)Timvannmalai Taluk & District -60675388.S.PrakashS/o.SubramaniNo.338,Vanniyanagaram Village,Pillaiyar Kovil Street, Aruthirapattu Post,Tiruvannamalai Tk 86 Dt.-606806.15/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201889.P.SangeethaD/o.Palani86, Mettu StreetSu.Kampupattu, Pavithram Post,Tiruvannamalai Taluk & District -60680690.S.Vinothkumar,S/o.SelvarajNo.790, Amman kovil Street,G.Kuppanthangal Village,Kozhunthampattu Post,Thandarampattu Tk,Tiruvannamalai Dt.-60670691. K.Ramamoorthy,S/o.Kothandam1008,Tharadapattu Village 86 Post,Thandrampattu Tk,Tiruvannamalai Dt.- 606707. .92.N. RajkumarS/o.NithyanathamNo. 11, Veerankuttai Street,Tiruvannamalai- 60660193.N.SuganyaD/o.NarayanasamyNo. 134, Viveganantha Street,Karungalikuppam ,Kilpennathur Taluk,Tiruvannamalai District- 604 60194.C.PremkumarS/o.ChinnathambiNo. 1154, Irumbuli Village,Kuppam Post, Polur Tk,Tiruvannamalai District- 632311,16/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 201895.A.VetriselvanS/o.AdhimulamVanniyanagaram Village,Aruthirapattu Post,Tiruvannamalai Taluk & District - 606806.96. R.RaviS/o.RamasamyNo. 1010, Melagaram Village,Radhapuram Post,Thandarampattu Tk,Tiruvannamalai Dt.-606707,97.A.MeenaD/o.Arumugam438, Vediyappan Kovil Street,5 Sirunathur Village 8s Post,Kilpennathur Taluk,Tiruvannamalai District - 604601.98.P.Sankar,S/o.PonnanNo. 398, Rajaji Nagar, Muthanur VillageMelmudiyanur (Post), Chengam (Tk)Thiruvanamalai Dist. - 606704.99.A.SathiyanarayananS/o.Annadurai304, Main Road,Chinnakallapadi Village 85 Post,Tiruvannamalai Taluk & District-606811100.M.VishnuS/o.Mohan1038, Mariyamman Kovil Street,Karapattu Village & Post, Chengam(TK),Tiruvannamalai (Dt), 606705.17/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018101.K.AnbarasuS/o.KirupakaranNo. 134, Sengula Street,Melpadur Village & Post,Kanji Via, Chengam Taluk,Tiruvannamalai District - 606 702102.N.HarishS/o.Narayanasamy170, Madha kovil Street, Vayalour Village,Zamin Gudalour Post,Kilpennathur Taluk,Tiruvannamalai Dist.- 606755103.R.AnandhS/o.Radha1677/9, Chetpet Road,Devikapuram, Arni Taluk,Tiruvannamalai Dt. - 606902.104.K.AnbarasuS/o.KirupakaranNo.134, Sengula Street, Melpadur Village & Post,Kanji Via, Chengam Taluk,Tiruvannamalai District – 606 702.105.M.Seenuvasan,S/o.Mani4/2/H3B, Vasantham Nagar,Near Anbu Medical, Polur,Tiruvannamalai District - 606 803.106.P.BakkiyavasanS/o.Pandurangan219,Pillaiayar kovil StreetPotharai Village, Potharai Post,Polur Tk, Tiruvannamalai Dist.-60680318/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018107.V.LoganathanS/o.Velu988, Ma.riyamman koil Street,Rathinapuri Village,A.K.Padavedu Post, Polur Taluk,Tiruvannamalai Dist.-606905.108.P.Vanithamathi,D/o.Purushothaman214,Mariyamman koil Street,Sozhiyasorkulam Village,Alagramam Post, Thindivanam Taluk,Villupuram Dist.-604302.109.M.Jenifer,D/o.MahendranNo.2/5, Thoppalagunda Village,Kathari Post,Nattrampalli Taluk,Vellore District – 635 852.110.S.Jayaraj,S/o.ShanmugamNo. 182, Palla Street,Navalpakam Village & Post,Cheyyar Taluk.Tiruvannamalai District-604503.111.V.SharmiladeviD/o.VelayuthamNo.23/ 11, Arumugam Street,Arnipalayam, Arni Taluk,Tiruvannamalai Dt. - 632 301.112.P.Saravanan,S/o.Pazhani,No.277, Kailasapuram Village,Ananthapuram Post, Polur Taluk,Tiruvannamalai District – 632 315.19/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018113.S.Renugadevi,D/o.SubramaniyanNo.18, River Bank Street,Thiruvothur, Cheyyar,Tiruvannamalai District – 604 407. 114.K.RajkumarS/o.KuppanSchool Street,Kozhavoor Village,Pulivanathal Post, Polur Tk,Thiruvannamalai Dt. - 606904115.S.SivasankariD/o.SubramaniyanNO.28, Alamara Street,Karungalaikuppam,Kilpennathur Tk,Tiruvannamalai Dt. - 604601.116. M.MageshwariD/o.MannuNo.85 Earikodi Street,Mangalam Village and Post,Tiruvannamalai District.117.M.ManikandanS/o.MunusamyNo. 49, Pachiyamman kovil Street,Amarnatha Pudhur Village,Che.Nachippattu Post,Chengam Tk,Tiruvannamalai Dt.-606709118.K.Newton IssacS/o.Khuruchev JacobNo.332, Thiyagi Annamalai Nagar,Tiruvannamalai - 606 601.20/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018119.A.AnbarasuS/o.AnnamalaiNo.3/ 146, Thiruvalluvar Nagar,Kilpennathur,Tiruvannamalai District - 504 501. 120.R.Anandhi,D/o.C.Raman,Mambakkam Village,Kadaladi Post,Tiruvannamalai District – 606 908. ... PetitionersVs.1. Union of India,Rep by its Secretary,Ministry of Agriculture,Department of Agriculture and Co-operation,Krishi Bhavan, New Delhi - 110 001.2. State of Tamil Nadu,Rep by its Agricultural Production Commissioner andPrincipal Secretary to Government,Agriculture Department,Fort St.George,Secretariat,Chennai – 9.3. State of Tamil Nadu,Rep by its Principal Secretary,Finance-Department,Fort.St.George,Secretariat,Chennai – 9.4. The Director of Agriculture,O/o. the Director of Agriculture,Chennai – 5.21/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 20185. The Principal Accountant General,O/o. the Principal Accountant General,Chennai-18. ... RespondentsPRAYER in W.P.: To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Government Order in G.O.(D).No.l71 Agriculture (API) Department dated 19.05.2017 on the file of the Respondent No.2 and quash the same as illegal and consequently for a direction, directing the Respondents to disburse the arrears of salary of the Petitioner for the period from 01.04.2014 to 22.11.2016 along with interest and to regularize the services of the Petitioners in the post of Assistant Agricultural Officers, Agricultural Officers based on their qualification and to grant 10% enhancement in the salary annually, leave benefits within the time period stipulated by this Hon’ble Court and pass any further or other orders as this Hon’ble Court may deem fit under thecircumstances of the case and thus render Justice.PRAYER in WMP(MD)No.21993/2018:To dispense with the production of original copy of the impugned Government Order G.O.(D)No.171, Agriculture (AP1) Department, dated 19.06.2017 on the file of the respondent No.2 for the present and thus render justice.22/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018PRAYER in WMP(MD)No.21994/2018:To pass an order of interim injunction, restraining the respondents from terminating and transferring the petitioners from the post of Assistant Technology Manager and Block Technology Manager, pending disposal of the writ petition and thus render justice. APPEARANCE OF PARTIES:For Petitioners : Mr.Rithik Sushil, Advocate for M/s.T.Lajapathi Roy Associates For Respondents : Mr.J.Ashok, Additional Government Pleader for R2 to R4 : Mr.C.Nanda Gopal, Central Government Standing Counsel for R1 : Mr.P.Gunasekaran, Advocate for R5 J U D G M E N THeard. 2. The 120 Petitioners have jointly filed this writ petition seeking to quash the order of the Government contained in G.O.(D) No. 171, Agriculture (AP1) Department, dated 19.06.2017 (issued by the 2nd Respondent). Upon setting aside the said order, the Petitioners pray for 23/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018(i) payment of salary for the period from 01.04.2014 to 22.11.2016 along with interest, (ii) regularization of their services as Assistant Agriculture Officers and Agriculture Officers based on their respective qualifications, and (iii) annual salary enhancement of 10% together with leave benefits.3. When the writ petition was listed on 11.12.2018, it was admitted, and notices were accepted by the respective respondents through their standing counsel. On behalf of the 4th Respondent, a counter affidavit dated 19.12.2018 was filed, which was also adopted on behalf of Respondents 2 and 3. However, no interim relief was granted during the pendency of the writ petition.4. The case of the Petitioners is that they were appointed to the posts of Block Technology Managers, Assistant Technology Managers, Accountant-cum-Clerks, and Computer Operators. They had been serving across 385 blocks in 31 districts of Tamil Nadu under the Central Government Scheme known as the Agricultural Technology Management Agency (ATMA). The expenditure for implementing the scheme was jointly borne by the Central and State Governments. Under the scheme, a total of 1,217 persons were appointed in four categories, namely, Block 24/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018Technology Managers (385), Assistant Technology Managers (770), Accountant-cum-Clerks (31), and Computer Programmers (31). The recruitment process was carried out either by the respective District Collectors or, in certain districts, through private placement agencies.5. It has been stated that the salary of an Assistant Technology Manager was initially fixed at Rs. 8,500/- per month, while that of a Block Technology Manager was fixed at Rs. 20,000/- per month. The Petitioners were paid salaries up to 31.03.2014, after which the Government of India (R1) revised the pay structure, fixing the salary of Assistant Technology Managers at Rs. 15,000/- per month and that of Block Technology Managers at Rs. 25,000/- per month. It was further assured that the emoluments would carry an annual increment of 10%. However, although the Government of India had announced the revision, the State Government did not implement the same until 23.11.2016. The funds sanctioned for the revised salaries were instead retained in the reserve fund by the State Government. Subsequently, the State Government issued the impugned order in G.O.(D) No. 171, Agriculture (AP1) Department, dated 19.06.2017.25/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 20186. In the impugned order, it has been stated as follows:—“In the Government Order 1st read above orders were issued for enhanced remuneration to the Contractual Staff and Contingency fund for Farmer Friend engaged under Agricultural Technology Management Agency (ATMA) as per the Government of India revised guidelines 2014 prospectively. 2. Now, the Director of Agriculture has stated that an amount of Rs.25.82 Crore (i.e. Rs.22.55 Crore arrear amount from the Contractual Staff enhanced remuneration and Rs.3.27 Crore, arrear amount from Farmer Friend enhanced contingency fund respectively) have been kept, as reserve from 01.04.2014 to 22.11.2016. 3. In the circumstances, the Director of Agriculture has requested to issue orders to grant permission to divert the above arrear amount of Rs.25.82 crore reserved from 01.04.2014 to 22.11.2016, for implementation of other Extension activities as approved in the State Extension Work Plan (SEWP) of Support to State Extension Programme for Extension Reforms Scheme (SSEPERS-ATMA) for the year 2016-17.4. The Government after careful examination accept the proposal of the Director of Agriculture and accordingly permit him to divert and utilize the unspent arrear amount of Rs.25.82 crore (Rupees Twenty five crore and eighty two lakh only) for implementation of other extension activities as approved in the State Extension Work Plan (SEWF) of Support to State Extension Programme for extension Reforms Scheme (SSEPRS-ATMA) as mentioned in the Annexure to this order during the year 2017-18.26/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 20185.The Director of Agriculture is authorized to draw and disburse the amount sanction in para 4 above.”7. It is this diversion of funds to other purposes that has been challenged in the present writ petition. In the detailed counter affidavit filed by the 4th Respondent (also on behalf of Respondents 2 and 3), it has been specifically stated in paragraphs 30 and 31 as follows:—“30…. The Petitioners have no right to claim arrears of salary from the concerned authority because the petitioners were recently appointed in the year 2017 during the month of January and February, on contractual basis. Further, the Government has utilized the above arrear amount of Rs.25.81 crore, arose out of the period from 1.4.2014 to 22.11.2016, only for welfare of the farmers.31…..the main subject matter involves in this writ petition is that as to whether, the petitioners are entitled for the amount said to be reserved during the periods from 01.04.2014 to 22.11.2016. It is pertinent to mentioned here that the original Government Order by which the revision of scale of pay was ordered namely G.O.Ms.No. 367, (AP1) Department dated 23.11.2016 was given effect only prospective effect with effect from the date on which the Government Order was implemented dated on 23.11.2016. So in the light of the G.O. the revisional scale of pay was given effect from 23.11.2016. When such being the position, the petitioners are no way entitled to claim right 27/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018over the subjected amount. Ultimately, the amount is always vested to state exchequer alone. So, the state is empowered to utilize the amount for implementing some other useful scheme. Here in the instant case, the amount has been utilized for a new scheme implementation of other Extension activities as approved in the State Extension Work Plan (SEWP) of Support to State Extension Programme for Extension Reforms Scheme (SSEPERS – ATMA) for the year 2016-17.”8. It is an admitted fact that several other persons, similarly placed, had also filed writ petitions before this Court in W.P.(MD) Nos. 17713 of 2017, 1627 of 2018, 3790 of 2018, and 5017 of 2018, seeking identical reliefs. A common order came to be passed by this Court on 22.03.2018, whereby all four writ petitions were disposed of under similar circumstances. In the said order, at paragraphs 2 to 8, it was observed as follows:—“2.The petitioners in all these Writ Petitions were appointed by ATMA (Agricultural Technology Management Agency). Except one petitioner, the rest of them have been appointed either as Assistant Technology Manager or as Block Technology Manager. One petitioner alone has been appointed as Computer Programmer. It is not in dispute that all the appointments are contractual in nature. They have been appointed on various dates right from the year 2012 onwards. They have been terminated on the expiry of eleven months and after an artificial break, engaged again. Apprehending that they may be ousted, following the 28/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018issuance of G.O.(Ms).No.171, Agriculture (AP1) Department, dated 19.06.2017, these Writ Petitions came to be filed. 3.This Court while entertaining these Writ Petitions granted interim order in favour of the Writ petitioners. Now the Government has filed a petition to vacate the interim stay earlier granted by this Court.4.The learned counsel appearing for the petitioners drew the attention of this Court to paragraph No.4 of the impugned Government Order. It is not in dispute that the scheme is funded both by the Central Government as well as the State Government. By the impugned Government Order, permission has been accorded for diverting and utilising the unspent arrears amount of Rs.25.82 Crores for implementation of other extension activities, as approved in the State Extension Work Plan (SWEP) of support to State Extension Programmes for Extension Reforms Scheme (SSEPERS-ATMA) as mentioned in the Annexure to this order during the year 2017-2018.5.The learned counsel appearing for the petitioners expressed his anxiety that if the amount that was earmarked for supporting ATMA Schemes is diverted, the source of funding would turn dry and there would be no money to even to pay the salary for the petitioners.6.The learned Special Government Pleader appearing for the State Government submitted that there is no proposal to oust the petitioners. She also would contend that it is not for the writ petitioners to raise questions as to the mode of spending by the Government. She submitted that what is contemplated by the Government Order is only a diversion of funds for supporting other activities under the very same scheme.29/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 20187.This Court finds considerable force in the aforesaid submission of the learned Special Government Pleader for the State Government. This is not a Public Interest Litigation. The petitioners rights have not been shown to be infringed in any manner by issuance of the impugned Government order made in these Writ Petitions. The order impugned in these Writ Petitions are therefore, sustained. But then the Writ Petitions cannot be closed with this. During the course of arguments, the learned Special Government Pleader supported the artificial break in the services of the writ petitioners. Hence this Court issues the following directions:-(i).It is made clear that the scheme appointees could have no claim for regularisation. But then so long as the scheme continues, subject to one being fit and not found guilty of any misconduct, the scheme appointee can continue in the said post so long as the scheme is in force.(ii).The Hon'ble Supreme Court in the decision reported in 1985 4 SCC 43-(Rattan Lal & Others Vs. State of Haryana & Others), deplored the practice of giving artificial break in service. The state Government is expected to function as a model employer. This proposition continues to hold good even in this age of liberalisation and globalisation. The aforesaid judgment was relied on in the subsequent Full Bench decision of the Hon'ble Supreme Court reported in (1991) 2 SCC 599-(Sri Rabinarayan Mohapatra Vs. State of Orissa and others). The very same principle has been reiterated in yet another decision of the Hon'ble Supreme Court reported in (2009) 6 SCC 611-(MD.Abdul Kadir & Another Vs. Director General of Police, Assam & others). Therefore, it cannot lie in the 30/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018mouth of the State Government to now contend that they are entitled to terminate the services of the contractual employee on the expiry of the 11th month and give artificial break after which engage them again. This Court makes it clear that the practice of giving artificial breaks shall be discontinued henceforth. The benefits payable to the petitioners/Scheme appointees in terms of the scheme norms, shall be disbursed. In view of the comprehensive nature of the relief given to the petitioners herein, there shall be of no claim for payment of past arrears. However, as regards the future, it is undertaken by the Government that the periodical/annual increment will be given effect in terms of the scheme regulations. 8.These Writ Petitions are disposed of in terms of the directions set out above.”9. In view of the foregoing, this writ petition is also disposed of on the same terms. However, there shall be no order as to costs. Consequently, the connected W.M.P.s stand closed. 22.09.2025 Index: Yes / NoSpeaking Order / Non-speaking OrderNeutral Citation : Yes / NoLS/ay31/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018Copy to:1. Union of India,Rep by its Secretary,Ministry of Agriculture,Department of Agriculture and Co-operation,Krishi Bhavan, New Delhi - 110 001.2. State of Tamil Nadu,Rep by its Agricultural Production Commissioner andPrincipal Secretary to Governmerit,Agriculture Department,Fort St.George,Secretariat,Chennai – 9.3. State of Tamil Nadu,Rep by its Principal Secretary,Finance-Department,Fort.St.George,Secretariat,Chennai – 9.4. The Director of Agriculture,O/o. the Director of Agriculture,Chennai – 5.5. The Principal Accountant General,O/o. the Principal Accountant General,Chennai-18.32/33 https://www.mhc.tn.gov.in/judis W.P.(MD) No.24298 of 2018DR. A.D. MARIA CLETE, J. LS Pre-delivery Judgment made inW.P. (MD) No.24298 of 201822.09.202533/33