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2015 DIGILAW 3717 (MAD)

T. Kalaiarasan v. State Of Tamil Nadu

2015-12-04

N.KIRUBAKARAN, V.RAMASUBRAMANIAN

body2015
JUDGMENT : V. Ramasubramanian, J. These Writ Appeals arise out of the dismissal of the writ petitions filed by the appellants herein challenging the recovery of the increments wrongfully granted to the appellants. 2. Heard Ms. AL.Gandhimathi and Mr. G.Karnan, learned Counsel appearing for the appellants respectively and Mr. B. Pugalendhi, learned Special Government Pleader appearing for the first respondent in both appeals and Mr. G.Karnan, learned Counsel appearing for the respondents 7 and 10 in W.A(MD)No.620 of 2010 and Mr. R. Sivamanogaran, learned Counsel appearing for the second respondent in W.A(MD)No.411 of 2011. 3. The appellants herein were appointed as Casual Labourers, in Thanjavur District Co-operative Milk Producers' Federation Limited, Thanjavur. Their services came to be regularised on the ground that they had completed 480 days of service within a period of 24 calender months. The Government issued G.O.(2D)No.138 Animal Husbandary, Dairying and Fisheries (MP.II) Department dated 28.09.2007 for regularisation of the services. 4. But even before the proposal for regularisation was accepted by the Government, the Managing Director of the Union passed an order dated 30.04.2007, not only granting time scale of pay but also granting increments and paying the arrears. Therefore, the Commissioner, in exercise of his suo moto power of revision conferred of Section 153 of Tamil Nadu Co-operative Societies Act, 1983, passed an order dated 13.09.2007, directing the Co-operative Society to recover the increments unlawfully granted. Pursuant to the said order passed by the Commissioner who was in the rank of Registrar of Co-operative Societies, the Managing Director of the Co-operative Society passed a consequential order dated 17.09.2007, for effecting recovery. 5. Challenging only the consequential order and not the original order of the Commissioner, the appellants/petitioners herein joined together and filed a common writ petition in W.P(MD)No.9113 of 2007. The said writ petition was dismissed by the learned Judge by an order dated 13.09.2010. Therefore, the appellants are before us. 6. The learned Judge dismissed the writ petition on two grounds. (a) That after the decision of the Full Bench of this Court in Marappan K. v. Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal reported in (2006) 4 MLJ 641 , the writ petition was not maintainable. (b) On merits, the learned Judge found that the fixation of pay and the grant of increments by the Managing Director of the Cooperative Society was completely unlawful. (b) On merits, the learned Judge found that the fixation of pay and the grant of increments by the Managing Director of the Cooperative Society was completely unlawful. Therefore, both on question of maintainability and on merits the writ petitions were dismissed. 7. We do not find any illegality in the order of the learned Judge. Admittedly, the Managing Director of the Co-operative Society granted the benefit of time scale of pay as well as the increments with retrospective effect even before the Government passed the orders of regularisation. The instruction very clearly shows that without permission of the Head of the Departments, this can not done. 8. In any case, the appellants have given the letters of undertaking at the time of receiving the increments and the incremental arrears that they would repay the amount if the sanction was not approved. Therefore, when that sanction was not approved, the appellants have no alternative except to repay the money. Therefore, the order of the learned Judge, does not call for any interference. Hence, these writ appeals are dismissed. It is stated that the appellants are granted increments lawfully from 01.01.2006. Therefore, it is clarified that the appellants are entitled to get the increments whatsoever applicable to them as per the impugned order. No costs. Consequently, connected Miscellaneous petition is also dismissed.