BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18/07/2006 CORAM: THE HONOURABLE MR. JUSTICE P.JYOTHIMANI Writ Petition (MD) No.3931 of 2005, Writ Petition (MD) Nos.3932 to 3941, 3889, 3890, 10044 to 10046 and 10425 of 2005 W.P.(MD)No.3931 of 2005 G.Sivasankar .. Petitioner vs. 1.Government of Tamil Nadu rep. by its Secretary, Department of Higher Education, Fort St.George, Chennai - 600 009. 2.Director of Collegiate Education, College Road, Nungambakkam, Chennai - 600 006. 3.Joint Director of Collegiate Education, Madurai Region. 4.Devanga Arts College rep. by its Secretary, Aruppukkottai. .. Respondents
Writ Petitions filed under Article 226 of the Constitution praying to
issue a Writ of Mandamus directing the respondents to extend the benefits of
G.O.Ms.No.186 dated 7.5.2004 to the petitioner and re-designate the petitioner
as Mechanic Grade I in the 4th respondent college with attendant monetary and
service benefits.
!For petitioner … Mr. R.Subramanian
(In all the Writ Petitions)
^For respondents … Mr.K.Bhaskaran,
Addl.Govt.Pleader for R1 to R3
(In all the Writ Petitions)
Mr.S.Annamalai for R4
(in W.P.No.3931 of 2005
Mrs.A.L.Gandhimathi for R4
(in W.P.Nos.3889 and 3890 of 2005)
Mr.M.Mariappan for R4
(in W.P.No.3937 of 2005)
Mr.S.Kadarkarai for R4
(in W.P.No.10044 of 2005)
:COMMON ORDER
The Writ Petitions are filed for a direction against the respondents to
extend the benefit of G.O.Ms.No.186 Higher Education Department dated 7.5.2004
to the petitioners and re-designate them as Mechanics Grade I.
2. The petitioners are all working as junior mechanics in the respective
Aided Colleges, which are arrayed as fourth respondent in these writ petitions.
3. The next avenue of promotion for the petitioners is that of Mechanic
Grade I. In respect of the similarly situated persons working in the Government
Colleges, the Government passed G.O.Ms.No.1704 Education Department dated
21.12.1990 relaxing certain qualifications prescribing SSLC Pass as the
requisite qualification considering the long years of service rendered by them.
4. When such benefit were denied to the junior mechanics working in the
Aided Colleges in the State, they approached the Government and the Government
took the stand that the said G.O. is applicable only to the Government College
Employees and not to the employees of Private College. In those circumstances,
the Aided Private College employees have filed Writ Petition No.18963 of 1996
and the said Writ Petition was allowed by a learned single Judge on 21.6.2001
directing that the benefits given to the Government employees should be extended
to the employees working in the Aided Colleges also. Consequently, on appeal in
W.A.No.260 of 2002 filed by the Government, a Division Bench of this Court, on
20.11.2003, dismissing the same has clearly held that there cannot be any
discrimination between junior mechanics working in the Government Colleges and
the Aided Colleges and the said judgment has been reported in 2004 (1) MLJ 53
(The Director, Commissioner of Collegiate Education, Chennai v. Nelson, Junior
Mechanic, Scott Christian College, Nagerocil).
5. In view of the said finding, many writ petitions have been allowed
including W.P.No.4987 of 2005 before this Court in respect of one
S.Radhakrishnan, who was serving as Mechanic in G.V.N.College, Kovilpatti,
Tirunvelveli District.
6. It is also admitted that subsequent to the said dictum laid down by the
Division Bench, the Government passed G.O.Ms.No.186 Higher Education Department
dated 7.5.2004 directing that the benefit of relaxation of qualification should
also be extended to the junior mechanics working in the Aided Colleges also.
7. The case of the petitioners is that, in spite of the said categorical
dictum laid down by the Division Bench and it has become final, they are not
considered for relaxation of the qualification for the next avenue of promotion
viz., Mechanic Grade I.
8. Mr. R.Subramanian learned counsel appearing for the petitioners has
also brought to the notice about the various other judgments of both the
Principal Seat as well as this Court allowing the writ petitions extending the
benefit of G.O.Ms.No.186 Higher Education Department dated 7.5.2004 to the Aided
Colleges employees including the orders passed in W.P.No.33046 of 2004, 4987 of
2005 and also the latest decision of the Principal Seat of this court dated
21.3.2006 passed in A. Iqbal v. Government of Tamil Nadu rep. by Secretary,
Chennai-9 and others in W.P.No.3817 of 2006 by the Hon’ble Mr. Justice N. PAUL
VASANTHAKUMAR.
9. I have considered the submissions made by the learned counsel for the
petitioners as well as the learned Additional Government Pleader.
10. Admittedly, the decision of the Division Bench of this Court reported
in 2004 (1) MLJ 53 has become final and based on which, the Government has
passed G.O.Ms.No.186 Higher Education Department dated 7.5.2004. There is
absolutely no reason for the respondents in denying the said benefit to the
similarly situated employees. In view of the same, there is absolutely, no
difficulty in holding that the petitioners are entitled to have the benefit of
the said G.O. inasmuch as the opportunity of relaxation regarding qualification
is given to the employees of Government Colleges.
11. In the result, the Writ Petitions stand allowed in terms of the
decision of the Division Bench reported in 2004 (1) MLJ 53. The first
respondent is directed to pass necessary orders within a period of eight weeks
from the date of receipt of copy of this order and also confer all monetary and
consequential benefits. No costs.
asvm
To
1.Secretary,
Government of Tamil Nadu
Department of Higher Education,
Fort St.George,
Chennai – 600 009.
2.Director of Collegiate Education,
College Road,
Nungambakkam,
Chennai – 600 006.
3.Joint Director of
Collegiate Education,
Madurai Region.
4.Secretary,
Devanga Arts College
Aruppukkottai.