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2025 DIGILAW 1113 (MAD)

N. Ravichandran v. Government of Tamil Nadu Rep. by the Secretary Adi-Dravidar and Tribal Welfare Department

2025-02-24

C.V.KARTHIKEYAN

body2025
ORDER : C.V. Karthikeyan, J. This Writ Petition has been filed in the nature of a Certiorari to call for the records relating to proceedings dated 01.02.2024 on the file of the 3 rd respondent, Director of Tribal Research Centre, M.Palada Post, Udhagamandalam, Nilgiris and appoint the petitioner temporarily as Research Assistant with w.e.f., 01.02.2024 on consolidated pay of Rs.15,000/- for six months and removed the petitioner from his earlier job and to quash the same. 2.In the affidavit filed in support of the writ petition, it had been contended that the petitioner who had obtained Master's Degree in Master of Philosophy in Sociology in Annamalai University and also completed Post Graduate in M.A., Sociology and M.Phil in Sociology in Annamalai University was eligible to be appointed to the post of Research Assistant. He was appointed as Research Assistant in the year 1998 in the Directorate of Tribal Research Centre at Udhagamandalam in Nilgiris. He was paid only consolidated pay of Rs.28,000/-. Thereafter, he was deputed to make an evaluation study of HADP Schemes for Tribal Development in Nilgiris by the 3 rd respondent by letter dated 05.06.1998. He was also directed to be involved in WHO / ICMR aided DTRD Collaborative Project Development of Health care among Primitive Tribes. 3.Thereafter, a proposal was forwarded by the 3 rd respondent to the 1 st respondent with respect to appointment of the petitioner as Deputy Director (Sociology) from 01.06.1968 in the scale of pay of Rs.8000-275-13500. This was also communicated by the 3 rd respondent by letter dated 15.09.2000. The petitioner sought that an order in this regard may also be passed. Thereafter, a further proposal was forwarded on 03.04.2001. The petitioner claims that he had been discharging duty as Research Assistant only on consolidated pay continuously from the year 1998. 4.It had been stated that the petitioner had filed O.A.No.4005 of 2003 before the Tamil Nadu Administrative Tribunal, Chennai, seeking to consider the representation given by him on 30.07.2001 seeking to regularize him and bringing him to regular service. An order was passed on 11.12.2003 seeking examination of the said representation. The directions of the Tamil Nadu Administrative Tribunal had not been put into effect by the respondents for nearly 26 years. Thereafter, once again for a limited period six months the petitioner was employed on consolidated pay of Rs.15,000/-. An order was passed on 11.12.2003 seeking examination of the said representation. The directions of the Tamil Nadu Administrative Tribunal had not been put into effect by the respondents for nearly 26 years. Thereafter, once again for a limited period six months the petitioner was employed on consolidated pay of Rs.15,000/-. Similar appointments were made but only for limited period of time on consolidated pay. It had been contended that the petitioner should have been brought into regular service. 5.The learned counsel for the petitioner pointed out that the petitioner had been continuously employed by the respondents but only on temporary basis on consolidated pay and also only for a limited period of time. It had been stated that initially he had been paid consolidated pay of Rs.28,000/- but the same was also reduced to Rs.15,000/-. It had also been stated that the petitioner had earlier filed W.P.No.9809 of 2022 in the nature of mandamus seeking regularization of service and time scale pay. A direction was given to examine the said representation. Pending the writ petition, further order had been passed terminating the petitioner from service. This was passed on 13.05.2024. The learned counsel pointed out that the petitioner having put in continuous diligent service for nearly about 27 years had been working only on consolidated pay and had not been brought into regular pay by the respondents. It is under these circumstances that this writ petition has been filed. 6.A counter affidavit has been filed, wherein the details of the employment of the petitioner had been given. The same is also extracted hereunder: Sl. No. Period Remarks 1. 01.06.1998 to 28.02.1999 The petitioner worked in the project on consolidated pay. 2. 01.03.1999 to 03.04.2001 The petitioner worked in the project on consolidated pay. 3. 21.01.2002 The petitioner refused to accept the post due to his family circumstances and did not join. 4. 01.04.2003 to 25.11.2015 The petitioner has not worked at the Tribal Research Centre, Udhagamandalam. 5. 26.11.2015 The petitioner was appointed for the research study project of all nomadic communities in Tamil Nadu on consolidated pay after the completion of the project he was relieved. 6. 16.02.2017 to 01.04.2018 The petitioner has been appointed for the project GTR & EMR schools Evaluation Study on consolidated pay after the completion of the project he was relieved. 7. 26.11.2015 The petitioner was appointed for the research study project of all nomadic communities in Tamil Nadu on consolidated pay after the completion of the project he was relieved. 6. 16.02.2017 to 01.04.2018 The petitioner has been appointed for the project GTR & EMR schools Evaluation Study on consolidated pay after the completion of the project he was relieved. 7. 07.04.2018 The petitioner has been appointed for the project Baseline Survey of Particularly Vulnerable Tribal Groups (hereinafter referred as PVTGS) on consolidated pay after the completion of the project he was relieved. 8. 07.10.2021 to 17.10.2021 The petitioner has not worked at the Tribal Research Centre. 9. 18.10.2021 to 16.09.2022 The petitioner has been appointed on for the project Research Studies of Migration of Tribal People in Tamil Nadu (16 Districts) on consolidated pay after the completion of the project he was relieved. 10. 19.09.2022 to 31.03.2023 The petitioner has been appointed for the project Research study of Tribal Entrepreneurship Development in the State of Tamil Nadu on consolidated pay. After the completion of the project, he has been relieved. 11. 05.04.2023 to 09.01.2024 Since, the above said project was not completed the petitioner was appointed for the project Research study on Tribal Entrepreneurship Development in the State of Tamil Nadu. After the completion of the project, he has been relieved. 12. 12.01.2024 to 13.05.2024 The petitioner has been appointed for the project Research Project on present status Education among Particularly Vulnerable Tribal Groups (hereinafter referred as PVTGs) in Tamil Nadu on consolidated pay. After the completition of the project, he has been relieved 7.It had been very specifically stated that on 21.01.2002, the petitioner refused to accept the post due to his family circumstances and did not join. It had been very specifically stated that the petitioner was only appointed project wise specifically for a limited period and on consolidated pay. It had also been stated that the petitioner had never worked continuously under the respondents. It had also been stated that the Tribal Research Centre at Udhagamandalam had not received any funds from the Ministry of Tribal Affairs, Government of India and therefore, the Tribal Research Centre had relieved all the temporary staff on 13.05.2024. It had also been stated that Rules have also not been framed for the post of Tribal Research Centre, Udhagamandalam and there was no sanctioned post at Tribal Research Centre at Udhagamandalam. It had also been stated that Rules have also not been framed for the post of Tribal Research Centre, Udhagamandalam and there was no sanctioned post at Tribal Research Centre at Udhagamandalam. It had also been contended that the petitioner is aged about 58 years and therefore, his claim to be brought into regular service cannot be considered by the respondents. 8.Heard arguments advanced by the learned counsels. 9.This is an extremely unfortunate case where the service of the petitioner had been exploited by the respondents for research projects and, on termination of the project or completion of the project, the petitioner had been issued with fresh letters appointing him in yet another project. Even though it is claimed that the petitioner had been put in continuous period of service from 1998, the respondents have not brought him into regular service. Initially, he had been paid consolidated pay of Rs.28,000/- every month and that also came to be reduced to Rs.15,000/-. It is not the case of the respondent that the petitioner had not discharged his duty diligently. The very fact that they had called him again and again as Research Assistant for various projects, particularly relating to tribal welfare would show that the petitioner had considerable experience in that field and that his services were required by the respondents. There are also no rules put in place with respect to the authorities relating to the staff structure and the staff in Tribal Research Centre at Udhagamandalam. Therefore, there was no possibility of the petitioner being brought into regular service. 10.In view of the fact that the respondents also ran short of funds since they were dependent on the Ministry of Tribal Affairs, Government of India, for funds, they were constrained to relieve all temporary staff by an order dated 13.05.2024. The petitioner then suffered directly by not being brought into regular service and also by the consolidated pay being reduced. He has now been terminated from service. 11.It has been pointed out on behalf of the respondents that in the year 2001, the petitioner was actually offered employment but he had not taken up the same, citing family and other circumstances. This contention is however denied and disputed by the learned counsel for the petitioner. He has now been terminated from service. 11.It has been pointed out on behalf of the respondents that in the year 2001, the petitioner was actually offered employment but he had not taken up the same, citing family and other circumstances. This contention is however denied and disputed by the learned counsel for the petitioner. 12.But however, it is to be noted that the petitioner had served diligently in the office of the respondents and he is now left high and dry. Since, there are no rules for employment, the Court cannot direct the petitioner to be brought into regular service. Whenever the Government frames rules relating to service conditions of the Tribal Research Centre at Udhagamandalam, then, the petitioner could expect that he could be considered for some post and that his past services could also be considered. But however, that also depends on the funds available from the Ministry of Tribal Affairs, Government of India. 13.It is thus seen the Court can never direct the petitioner to be brought into regular service, but if funds are available, a direction is issued to consider to grant consolidated pay of Rs.28,000/- for the work extracted and pay the difference amount to the petitioner. If rules are put in place, then it could be examined whether owing to the past service rendered by the petitioner some relief can be extended to the petitioner. The respondents can take an appropriate decision only if the rules are framed and if funds are received from the Government. Placing that obligation on the respondents, this Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.