Case Note & Summary
The petitioners, G.Venkatesh, S.Shanmuga Sundara Chokkalingam, and P.Christopher, were employed by the TWAD Board in a desalination project. The first two were skilled labourers as Electrical Operators, and the third was a Chemist. They had worked continuously for over 10 years without being absorbed into the regular time scale of pay. The Inspector of Factories, Sivagangai, issued orders under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, confirming their permanent status, but the TWAD Board did not implement these orders and filed a writ petition against them. The petitioners also filed a writ petition for implementation. The Government issued G.O.(D)No.46 dated 10.02.2021, which denied them any other allowance and increment. The petitioners sought to partially quash that portion of the G.O. and sought directions to grant all allowances and routine increments as per the time scale. The court, after hearing the counsels, allowed the writ petition, holding that non-absorption in the regular scale does not disentitle the petitioners from routine increments and allowances. The court directed the respondents to grant all other allowances and sanction routine increments as per the time scale of pay.
Headnote
A) Service Law - Increments and Allowances - Non-absorption in Regular Scale - Petitioners were skilled labourers and chemist working continuously for over 10 years in a desalination project without absorption in regular time scale - The impugned G.O. denied them any other allowance and increment - Court held that non-absorption does not disentitle them from routine increments and allowances - Directed the respondents to grant all other allowances and sanction routine increments as per time scale (Paras 1-3).
Issue of Consideration
Whether the petitioners, who were not absorbed in the regular time scale of pay, are entitled to routine increments and allowances as per the time scale of pay.
Final Decision
The court allowed the writ petition and directed the respondents to grant all other allowances and sanction all routine increments as per the time scale of pay to the petitioners.
Law Points
- Non-absorption in regular time scale does not disentitle employees from routine increments and allowances
- Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981
- Article 226 of Constitution of India
Case Details
2025 LawText (MAD) (01) 69
Mr.S.Viswalingam (for petitioners), Mr.D.Gandhiraj (for 1st respondent), Mr.P.Veera Kathiravan (for 2nd respondent)
G.Venkatesh, S.Shanmuga Sundara Chokkalingam, P.Christopher
The Additional Chief Secretary to Government, Municipal Administration & Water Supply Department, Chennai; The Managing Director, TWAD Board, Chennai
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Nature of Litigation
Writ Petition under Article 226 of Constitution of India seeking partial quashing of Government Order and direction to grant allowances and increments.
Remedy Sought
Petitioners sought to partially quash G.O.(D)No.46 dated 10.02.2021 insofar as it denied them any other allowance and increment, and sought direction to grant all other allowances and sanction routine increments as per time scale.
Filing Reason
The Government Order denied the petitioners any other allowance and increment despite their continuous service for over 10 years and orders of Inspector of Factories conferring permanent status.
Previous Decisions
Inspector of Factories, Sivagangai, issued orders dated 11.07.2011 under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, confirming petitioners' permanent status. TWAD Board filed W.P. No.13038 of 2011 against those orders. Petitioners filed W.P. (MD) No.9549 of 2012 for implementation.
Issues
Whether the petitioners, who were not absorbed in the regular time scale of pay, are entitled to routine increments and allowances as per the time scale of pay.
Submissions/Arguments
Petitioners argued that they worked continuously for over 10 years and were entitled to routine increments and allowances despite non-absorption.
Respondents likely opposed on grounds of non-absorption in regular scale.
Ratio Decidendi
Non-absorption in the regular time scale of pay does not disentitle employees from receiving routine increments and allowances as per the time scale.
Judgment Excerpts
They were all serving in the desalination project for more than 10 years continuously without any break.
The Inspector of Factories, Sivagangai, considering their pathetic situation made detailed enquiries, issued specific orders under Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981, confirming the petitioners job mentioned above.
Procedural History
Inspector of Factories issued orders on 11.07.2011 conferring permanent status. TWAD Board filed W.P. No.13038 of 2011 against those orders. Petitioners filed W.P. (MD) No.9549 of 2012 for implementation. Government issued G.O.(D)No.46 on 10.02.2021 denying allowances and increments. Petitioners filed the present writ petition on 2021. The petition was reserved on 29.10.2024 and delivered on 27.01.2025.
Acts & Sections
- Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981:
- Constitution of India: Article 226
