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2003 DIGILAW 924 (SC)

T. K. Rangarajan v. Govt. of Tamil Nadu

2003-08-05

A.R.LAKSHMANAN, M.B.SHAH

body2003
ORDER : M.B. Shah, J. - W.P. (C) No. 340/2003 1. The writ petition is dismissed. Rest of the matters 2. List on 6th August, 2003 for pronouncement of orders. Learned senior counsel Mr. K.K. Venugopal has tendered an additional affidavit wherein it has been clarified as under:- 1. Total number of Government Servants dismissed as per Section 7 of TESMA and teachers of Aided Colleges suspended. 1,70,241 2. Total number reinstated so far, as per the statement made before this Hon'ble Court 1,56,106 3. NUMBER OF EMPLOYEES AND TEACHERS NOT REINSTATED 14,135 CATEGORIES OF EMPLOYEES AND GOVERNMENT TEACHERS WHO CANNOT CLAIM A RIGHT TO BE REINSTATED A. Government servants arrested 2,211 B. Secretariat staff for the reasons mentioned earlier 2,215 C. Officers holding higher position 534 D. Government servants (other than the Secretariat staff) involved in offences under Section 5 or Section 5 read with Section 4 of TESMA 1,112 TOTAL NUMBER OF PERSONS WHO CANNOT CLAIM A RIGHT TO BE REINSTATED 6,072 REMAINING NUMBER OF EMPLOYEES WHOM THE STATE GOVERNMENT IS WILLING TO REINSTATE 8,063 In the categories (b) and (c), i.e. Secretarial staff of 2,215 and officers holding higher position namely 534, it is made clear that they would be treated as suspended instead of dismissal. He further makes a statement that with regard to be representations which are made or are to be made by the employees who are in category (a), (b), (c) and (d) this would be considered by three retired High Court Judges to be named by the Chief Justice of the High Court of Judicature at Madras. Each Judge would decide approximately representations of 2,000 employees within a period of one month from the date of allocation of work to them. A convenience place would be made available to all the three Judges and the secretarial staff as well by the State Government within a period of seven days from today without stating that they have no sufficient accommodation or the staff. It would be considered to be a direction to the State Government. The concerned Judges would decide the representation and the say of the State Government on most equitable ground without taking into consideration Section 7(7) of the Ordnance, as far as possible, in accordance with the Conduct Rules. Retired Judges to be paid honorarium at the rate of Rs. 50,000/- per month. The concerned Judges would decide the representation and the say of the State Government on most equitable ground without taking into consideration Section 7(7) of the Ordnance, as far as possible, in accordance with the Conduct Rules. Retired Judges to be paid honorarium at the rate of Rs. 50,000/- per month. All the three Judges would evolve a common procedure for disposing of the representations and the satisfaction made by the concerned Judges would be binding on the State Government. Writ petition is dismissed.