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2019 DIGILAW 316 (MAD)

A. Radhakrishnan v. Secretary to Government

2019-01-31

K.K.SASIDHARAN, P.D.AUDIKESAVALU

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ORDER : K.K. SASIDHARAN, J. INTRODUCTORY: 1. The Archakas and Temple employees of all category are integral part of any Temple and their active participation in the Temple related work and assistance are absolutely necessary for the maintenance of the Temples across the State, which attracts devotees from India and abroad. When it was found that their demands were not taken note of by the authorities, in spite of submitting series of representations over a period of time and even the order passed by the Division Bench of the High Court directing payment of gratuity was not complied with by the State, the employees took a decision to strike with effect from 23 January, 2019. The petitioner has come up with this Writ Petition to injunct the Tamil Nadu Temple Staff Association and its members and all those who are working in the Temples from resorting to strike and direct the State to ban the strike. We entertained the Writ Petition and took an assurance from the Union not to resort to strike and agreed to summon the Commissioner, Hindu Religious and Charitable Endowments Department to resolve the pending issues. BRIEF FACTS : 2. The Temple workers have been requesting the Government to pay them gratuity, pursuant to the direction given by the Division Bench of the High Court. Though State filed an appeal before the Hon'ble Supreme Court, there was no interim order. The State, therefore, paid gratuity to the employees of some of the Temples, like Palani Dhandayuthapani Swamy Temple through the Joint Commissioner of the Temple. However, it was not implemented in majority of Temples. Similarly, the employees were not paid the benefits, taking into account the recommendation of the Seventh Pay Commission. The basic issues raised by the Temple Staff Association were all kept pending by the Government, resulting in taking a decision by the Temple employees to abstain from work with effect from 23 January, 2019. SUBSEQUENT EVENTS: 3. After giving assurance by the Employees Association that they would withdraw the strike, we summoned the Commissioner, Hindu Religious and Charitable and Endowments department to the Court for resolving the pending issues. Thiru. K. Paneenthara Reddy, IAS., Principal Secretary-cum-Commissioner, Hindu Religious and Charitable Endowments Department [hereinafter referred to as 'the Commissioner'], appeared before us on 25 January, 2019. After giving assurance by the Employees Association that they would withdraw the strike, we summoned the Commissioner, Hindu Religious and Charitable and Endowments department to the Court for resolving the pending issues. Thiru. K. Paneenthara Reddy, IAS., Principal Secretary-cum-Commissioner, Hindu Religious and Charitable Endowments Department [hereinafter referred to as 'the Commissioner'], appeared before us on 25 January, 2019. Each of the 21 demands found in the charter of demands were discussed with the Commissioner in open Court. 4. The Commissioner submitted that the major issue regarding the implementation of the recommendation given by the Seventh Pay Commission is pending with the Committee constituted by the Government. The Commissioner further submitted that he would make a proposal to the Government to pay gratuity to all the employees, notwithstanding the pendency of appeal before the High Court. The Commissioner assured that the Government Order in G.O.Ms.No.62, dated 18 February, 2015, relating to regularization and grant of scale of pay would be implemented in its letter and spirit. We have also discussed all the other issues raised by the Association and obtained the views of the Commissioner. We directed the Commissioner to ascertain the present position of the demands pending with the Committee constituted by the Government and file an affidavit. The Writ Petition was adjourned to be posted today. 5. The third respondent filed a counter-affidavit indicating that the Committee held a meeting on 30 January, 2019 and discussed the implementation of the recommendation of Seventh Pay Commission with all the stake-holders including the office bearers of various Associations representing the Temple employees across the State. 6. The learned Additional Government Pleader submitted that the Commissioner has decided to make a proposal to the Government to withdraw the appeal before the Hon'ble Supreme Court and pay gratuity to all the employees. The learned Additional Government Pleader submitted that all the issues would be considered with an open heart and a decision would be taken within the outer time limit prescribed by this Court. 7. Various demands and its resolution: Sl. No. Demand Present Position Direction 1. Gratuity The Commissioner agreed to send a proposal to the Government to withdraw the appeal and pay gratuity to all the eligible employees by 11 February, 2019. The Commissioner is directed to send a proposal by 15 February, 2019. 7. Various demands and its resolution: Sl. No. Demand Present Position Direction 1. Gratuity The Commissioner agreed to send a proposal to the Government to withdraw the appeal and pay gratuity to all the eligible employees by 11 February, 2019. The Commissioner is directed to send a proposal by 15 February, 2019. The Government must take a decision regarding the proposal for withdrawal of SLP and payment of gratuity before 28 February, 2019. We direct the Commissioner to pay the gratuity to all the employees on or before 15 March, 2019. 2. Equal Pay for Equal Work The Committee appointed by the Government must consider all these issues. The Committee must make specific recommendation to the Government in respect of demand Nos.2, 3, 4 and 6 by 28 February, 2019. We direct the State to consider the report submitted by the Committee referred to in the counter-affidavit dated 24.01.2019 filed by the Joint Commissioner and take a decision by 15 March, 2019. The Government must also issue an order by 15 March, 2019 to implement the order of the Supreme Court in State of Punjab and others vs. Jagjit Singh and Others [ 2017(1) SCC 148 ] and Sabha Shanker Dube vs. Divisional Forest Officer and others [2018(14) Scale 765] granting equal pay for equal work. 3. Grade Pay based on the recommendation of the Sixth Pay Commission -do-- -do-- 4. Increase in pay by 40% taking into account the Government Order in G.O.Ms.No. 257, dated 10.06.1998 and the order dated 18.02.2015 -do- -do- 5. Payment of allowances, like house rent allowance and city compensatory allowance -do- -do- 6. Framing Service Rules Commissioner is now seized of the matter Amendments made to the Rules earlier were quashed by the High Court. We direct the Government to frame necessary Rules in a comprehensive manner and following the prescribed procedure and Gazette it on or before 30 June, 2019. 7. Earned Leave The Government servants are entitled to 240 days earned leave. Matter is pending with the Commissioner. The Government must consider this issue and appropriate orders should be issued by 15 March, 2019. 8. Revision of pension and payment even to those retired after 29 February, 2016 We direct the Commissioner to consider the request of revision of pension and send a proposal to the Government by 15 March, 2019. 1. Matter is pending with the Commissioner. The Government must consider this issue and appropriate orders should be issued by 15 March, 2019. 8. Revision of pension and payment even to those retired after 29 February, 2016 We direct the Commissioner to consider the request of revision of pension and send a proposal to the Government by 15 March, 2019. 1. The Government must consider the proposal for revision and appropriate orders should be passed by 31 March, 2019. 2. The Commissioner must clarify the position to the Executive Officer of all Temples that the Temple employees retired even after 29.02.2016 are entitled to the pension with periodical revision. The clarification must be issued by 28 February, 2019. 9. Death Compensation Death Compensation is Rs.3,00,000/- to Government servants. It is only Rs.1,00,000/- to the Temple employees. This issue should be considered by the Commissioner and his view should be communicated to the Government. The Government must take a decision in this matter by 31 March, 2019. 10 Regularisationz of service The Government has issued G.O.(Ms)No.62, dated 18.02.2015 regularizing the services of those who have put in five years of service as on 31.07.2014 and to pay them scale of pay. It is not possible to give a direction to the Government. It is open to the Government to take a policy decision in the matter of regularization. 11 Loan There is no provision to grant loan to the employees/Archakas. In case of approaching the bank for loan, necessary letter should be given by the concerned Executive Officer certifying the service of the employee and willingness to deduct the EMI from the salary and pay it to the bank. 12. Compassionate appointment There is no scheme at present. We direct the Government to consider this issue and frame appropriate scheme on or before 31 May, 2019. 13 Revision of pay scale, in case income of Temple is more than Rs.50 Lakhs per annum. The Government is seized of the matter. It is for the Government to take a decision in the matter. No direction is possible in respect of this demand. 14 Pay scale as per G.O. (Ms.)No.62, dated 18.02.2015 and regularisation as per the said Government Order. The Government is seized of the matter. It is for the Government to take a decision in the matter. No direction is possible in respect of this demand. 14 Pay scale as per G.O. (Ms.)No.62, dated 18.02.2015 and regularisation as per the said Government Order. The Commissioner assured that all those who are eligible under the Government Order would be given the benefits of the G.O. The Commissioner must issue a circular to all the Executive Officers in this regard by 15 February, 2019. We direct the Executive Officer of all the Temples to implement the Government Order in G.O.(Ms).No.62, dated 18 February, 2015, by regularizing the service of all eligible employees and payment of wages as per the scale of pay indicated in the G.O. to all those who are covered. 15 Out sourcing of employees The Commissioner agreed to consider the suggestion that there would not be any outsourcing in respect of technical posts and it would confine to security and allied work. We direct the Commissioner to issue a circular making it clear that there should not be outsourcing in respect of regular post, more particularly technical post in all the temples across the State. The order must specify the field where outsourcing is possible. 16 Incentive Increment Issue is pending with the Government We direct the Government to take a decision in this matter on or before 31 March, 2019. 17 D.A. Matter pending with the Government It is for the Government to take a decision in the matter. 18 Preference to the Computer Operators The employees, who are having experience in Computer Application, should be given preference for future recruitment, if they are otherwise qualified and eligible. 19 Place for taking rest. It is for the concerned Executive Officer to make a provision for this. 20 Appointment of Trustees We have already directed the Government to appoint Trustees vide order dated 25 January, 2019 in W.P.(MD)No. 23690 of 2018. 21 Ceiling of salary viz-a-viz expenditure towards the temple. This issue must be considered by the Government on merits. 8. In case the Committee constituted by the Government is of the view that further discussion is necessary with the Association, such discussion should be held as expeditiously as possible, so as to send the recommendation to the Government before the cut-off date. The representatives of Archakas must also be invited for the meeting. 9. 8. In case the Committee constituted by the Government is of the view that further discussion is necessary with the Association, such discussion should be held as expeditiously as possible, so as to send the recommendation to the Government before the cut-off date. The representatives of Archakas must also be invited for the meeting. 9. The term "employees of Temple" would also include the Archakas, in case the posts are sanctioned. 10. We direct the respondents 1 and 2 to file a compliance report before this Court immediately after complying each of the time bound directions. 11. We place on record our appreciation of the response shown by Thiru. K. Paneenthara Reddy, IAS., Principal Secretary-cum-Commissioner, Hindu Religious and Charitable Endowments Department and his assistance for resolving the issues. 12. The Writ Petition is disposed of with the above direction. No costs.