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2025 DIGILAW 1584 (MAD)

N. Vijayakumar v. State of Tamil Nadu

2025-03-19

J.SATHYA NARAYANA PRASAD

body2025
ORDER : 1. This writ petition has been challenging the impugned order passed by the second respondent vide proceedings Order No. S.4(1)/30584/2021 dated 03.03.2023 and further directing the respondents to grant a minimum time scale of pay of Rs.18,500/- per mensum applying equal pay for equal work under Article 39(d) of the Constitution of India and as had been granted and extended in favour of similarly placed persons as per G.O.Ms.No.233, Public Works Department dated 06.12.2019. 2. The case of the petitioners is that they were all appointed as Daily Rated Casual Labourers since 01.06.1998, 01.01.1990 and 01.06.2004 respectively, and the service particulars of the respective petitioners are annexed to the typed set of papers. They are all rendering services under Nominal Muster Roll (NMR) and have continued as such as on date. 3. The Government by a Policy Decision came up with a proposal that in view of their continuous, uninterrupted services which is required in the Irrigation Management under the Water Resources Organization (WRO), issued an order in G.O.Ms.No.233, Public Works Department dated 06.12.2019, arriving at a total of about 3407 such daily rated casual labourers who are working on a temporary basis to be granted and extended with basic pay at the minimum of the pay scale applicable to the post of sweeper/scavenger with Dearness Allowance thereupon applicable from time to time directed that instead of bringing them under regular time scale of pay or for permanent absorption. 4. While being so, a Screening Committee was also constituted for the purpose of verification of these types of NMRs. The Screening Committee which was directed to identify the eligible casual labourers arrived at 3407 NMRs. 5. In an earlier round of litigation, as many as 20 persons approached the Madurai Bench of Madras High Court in W.P.(MD)No.8092 of 2020 to permit the petitioners to continue as NMRs' till their permanent absorption among other prayers. This Court after making certain observations dispose of the writ petition by giving few directions: 56. In view of the aforesaid discussions and the factual matrix of this case, this Court is inclined to pass the following orders in this writ petition: (1) That out of the 20 petitioners, except Petitioner Nos.2, 15 and 19, others are not entitled to seek for any relief, as they have claimed in this writ petition. In view of the aforesaid discussions and the factual matrix of this case, this Court is inclined to pass the following orders in this writ petition: (1) That out of the 20 petitioners, except Petitioner Nos.2, 15 and 19, others are not entitled to seek for any relief, as they have claimed in this writ petition. Therefore, insofar as the other 17 petitioners, the prayer sought for by the petitioners is rejected. (2) In respect of the petitioner Nos.2, 15 and 19, based on the certificate issued by the very PWD Executive Engineers concerned certifying that, they have been engaged directly as NMR employees for more than five years and ten years respectively, their candidature can be considered by the respondents PWD for the continuous engagement. (3) In future, as has been declared in the G.O.137 Public Works Department dated 13.09.2019, no NMR employees shall be engaged in the Public Works Department, except at the campus, sites indicated in Item No. (i) of Paragraph 6 of G.O.137. However, for any emergency or contingency, if the Government decides to engage any new NMR employees only for the specific purpose or for a limited period, even such engagement shall be strictly made only from among the candidates, whose names are sponsored by the concerned Employment Exchange and at no circumstances, direct engagement shall be made by way of pick and choose method by the PWD officials. (4) The Government shall come forward to issue necessary Government orders prescribing the age, educational qualifications and physical fitness for the purpose of engagement and method of engagement of NMR employees in future. (5) In this context, the G.O., may indicate or prescribe the educational qualifications of only or the maximum of up to Higher Secondary, i.e. +2 and as far as possible, such engagement shall only be made from among the candidates, who have the educational qualification only upto +2 and the highly qualified people, who are having professional degrees and other equal under graduate and post graduate degrees shall be avoided. 6. Thereafter the petitioners filed W.P.No.12301 of 2021 and pursuant to the directions issued therein, the 2 nd respondent had chosen to reject the claim of the petitioners towards the grant of minimum consolidated pay of Rs.18,500/- per mensum in and by order of the 2 nd respondent made in Proceedings order No.S.4(1)30584/2021 dated 03.03.2023. 6. Thereafter the petitioners filed W.P.No.12301 of 2021 and pursuant to the directions issued therein, the 2 nd respondent had chosen to reject the claim of the petitioners towards the grant of minimum consolidated pay of Rs.18,500/- per mensum in and by order of the 2 nd respondent made in Proceedings order No.S.4(1)30584/2021 dated 03.03.2023. Aggrieved by the same, the petitioners have come up with the present writ petition. 7. Learned counsel appearing for the petitioners would submit that the 2 nd respondent has passed the impugned order on an erroneous view by reading the Government Order, which had directed granting of Rs.18,500/- as minimum pay and on a total misconception that the same would be applicable and to be extended only for those 3407 daily rated employees. The impugned order at this distance of time when the petitioners have been admittedly discharging duties for the past more than a decade and the policy of the Government in bringing them into regular establishment is unworkable due to various dictum of law since their entry has been termed as a backdoor, therefore by applying the doctrine of necessity and that of the indispensability of these casual labourers, had chosen to continue them without regularization; however as a solace regarding the escalated cost price index, directed a minimum pay of Rs.18,500/- per mensum, though the Constitutional protection under Article 39-D would inure to the benefit of the petitioners towards equal pay for equal work, the minimum pay as prescribed for other casual labourers ought to have been extended to the petitioners also. 8. Learned counsel has furnished a copy of the service book of the 2 nd petitioner herein, namely, P.Vanithamani, wherein it is mentioned under the working details of the 2 nd petitioner, that she was engaged as NMR Mazdoor Grade-I on daily wages as detailed below: 2nd Petitioner's Job Details Name of the petitioner – P. Vanithamani Date of Birth – 11.05.1965 9. Learned Additional Government Pleader appearing for the respondents would submit that pursuant to the order passed by this Court dated 08.11.2022 directing the respondents to consider the representation of the petitioners dated 21.01.2021 and the same was rejected by the impugned order vide order No.S.4(1)/30584/2021 dated 03.03.2023. He further submitted that the Petitioners' claims were rejected on the ground that there is no document to prove that they were working in the Public Works Department (WRO). 10. He further submitted that the Petitioners' claims were rejected on the ground that there is no document to prove that they were working in the Public Works Department (WRO). 10. Learned Additional Government Pleader would further submit that if the petitioners had records to prove the same, then they should have proved it to the Screening Committee. More the respondents had not prevented the Petitioners from going to the Screening Committee, since the Petitioners had no valid documents to prove their case, the committee did not include the Petitioners' name in 3407 NMR list. 11. Learned Additional Government Pleader appearing for the respondents would submit that the petitioners have not produced any documents to prove that they are working on a daily rated basis in the Public Works Department. It is not correct for the reason that the petitioners have produced the above records to prove that the petitioners were engaged as NMR in the Public Works Department (WRO). 12. Learned Additional Government Pleader would further submit that in the impugned order it clearly stated that no records were available to show that the petitioners were engaged at any place on a daily rated basis by the Public Works Department, and for this reason only the names of the petitioners were not forwarded to the Screening Committee along with 3407 daily rated employees. 13. Heard both sides and perused the materials available on record. 14. In the case on hand, the petitioners were working as Daily Rated Casual Labourers since 01.06.1998, 01.01.1990 and 01.06.2004 respectively and have been rendering services under Nominal Muster Roll (NMR) and have continued as such as on date. The G.O.Ms.No.233, Public Works Department dated 06.12.2019 wherein the orders of the Full Bench of this Court in W.P.(MD).No.24081 of 2018 dated 31.01.2019 and based on the report of the Screening Committee payment of wages to 3407 Nominal Muster Rolls/Daily rated Casual Labourers was fixed on consolidated basis at Rs.18,500/- per month. According to the petitioners, similarly placed persons were granted consolidated pay of Rs.18,500/- in terms of G.O.Ms.No.233, Public Works Department, dated 06.12.2019. However, the petitioners have been omitted arbitrarily. The petitioners contend that they have been receiving only Rs.15,700/- per month each and G.O.Ms.No.233, Public Works Department, dated 06.12.2019 has not been applied to them. According to the petitioners, similarly placed persons were granted consolidated pay of Rs.18,500/- in terms of G.O.Ms.No.233, Public Works Department, dated 06.12.2019. However, the petitioners have been omitted arbitrarily. The petitioners contend that they have been receiving only Rs.15,700/- per month each and G.O.Ms.No.233, Public Works Department, dated 06.12.2019 has not been applied to them. In such circumstances, they have given a joint representation on 21.01.2021 to the respondents requesting them to pay them a consolidated pay of Rs.18,500/- per month each as is being done to the similarly placed persons by applying G.O.Ms.No.233, Public Works Department, dated 06.12.2019. 15. The main contention of the learned Additional Government Pleader is that no documents have been submitted by the petitioners before the respondents to prove that they were engaged on a daily rated basis at any place by the Public Works Department. Whereas in the impugned order the Executive Engineer, Water Resources Organization, Bhavani Basin Division, Erode, the 3 rd respondent herein, has mentioned the period wherein the 1 st and 3 rd petitioners were working as Daily Rated Casual Labourers and the same is extracted hereunder: 16. Likewise, the learned counsel appearing for the petitioners has produced the documents and the details of the 2 nd petitioner to prove that she was engaged as NMR Mazdoor Grade I on daily wages from the year 1990 to 2004, and the details are extracted hereunder as follows: 2nd Petitioner's Job Details Name of the petitioner – P. Vanithamani Date of Birth – 11.05.1965 Hence the contention of the respondents that there are no documents available in the respondents office to prove that the petitioners were engaged on a daily rated basis is totally false, incorrect and unsustainable. 17. This Court is of the considered view that the petitioners are entitled for minimum time scale of pay. The documents which were submitted before this Court, from which it is clear and evident that the petitioners were engaged on a daily rated basis by the Assistant Executive Engineer PWD, Building Maintenance, Sub-Division-I, Coimbatore from the year 1990 to 2004. 18. The petitioners are the similarly persons to that of the above 3407 daily rated employees and it has to be extended to them also and depriving of the same will be against the principles of natural justice and also in violation of Article 14 of the Constitution of India . 19. 18. The petitioners are the similarly persons to that of the above 3407 daily rated employees and it has to be extended to them also and depriving of the same will be against the principles of natural justice and also in violation of Article 14 of the Constitution of India . 19. No doubt it is the duty cast upon the respondents to submit the documentary proof of the petitioners to the Screening Committee, but in the impugned order it is stated that there are no documents available in the office records to show that the petitioners were engaged on a daily rated basis by the respondents department, namely, Public Works Department (WRO), but on the other hand the petitioners have submitted the documents to prove that the petitioners were engaged on a daily rated basis by the Assistant Executive Engineer PWD, Building Maintenance, Sub-Division-I, Coimbatore, which is contrary to the impugned order passed by the second respondent. 20. In view of the above facts and circumstances of the case, the proceedings of the 2 nd respondent vide order No.S.4(1)/30584/2021 dated 03.03.2023, is liable to be quashed accordingly the same is hereby quashed. The respondents are directed to grant the minimum scale of pay with Dear Allowance applicable from time to time to the petitioners as had been granted and extended in favour of the similarly placed persons as per G.O.Ms.No.233, Public Works Department dated 06.12.2019 within a period of eight weeks from the date of receipt of a copy of this order. 21. In the result, the writ petition stands allowed with the above observations and direction. No costs.