In a blow to the ADMK government, the Madras High Court on Aug 19 directed it to consider creating posts in the name of Makkal Nala Paniyalargal (village-level workers) or in any other name to sensitise the people to the evils of liquor consumption. There was a twist to the roller coaster fortunes of more than 13,000 Makkal Nala Paniyalargal (public welfare workers) witnessed a twist on the day. They can be accommodated in vacancies in government schools, panchayats, municipalities, corporations, village/taluk/collector offices, undertakings of the Government of Tamil Nadu or in any post as may be created for implementing new schemes, ruled a division bench comprising Justice N Paul Vasanthakumar and Justice M Sathyanarayanan.
If this is not possible, the workers who were thrown out of job should be accommodated in vacancies in government schools, local bodies, taluk offices, the Collectorates, various other government offices and government-owned undertakings, or in posts created for implementing new schemes in the 2014-15 budget, according to their qualification without reference to their age.
A Division Bench of Justices N. Paul Vasanthakumar and M. Sathyanarayanan said the exercise should commence immediately and be completed by October 31. If any of the eligible workers could not be accommodated, the government should pay the last drawn salary from November 1 this year till they were accommodated in any post.
The judgment would benefit nearly 13,000 workers who had fought a legal battle since the government disbanded the posts on November 8, 2011. The workers were appointed during the DMK rule.
On September 2, 1989, the DMK government announced a job scheme for educated youth in rural areas and designated them ‘village level workers’ (Makkal Nala Paniyalargal). A total of 25,234 workers - one male and one female in each panchayat - were appointed. On July 13, 1991, the AIADMK government ousted them from service saying they were in no way helpful for execution of various programmes and were causing additional expenditure of nearly 6 crore.
Their posts were restored by the DMK government in 1997 and their honorarium was increased from 200 a month to 500. On June 1, 2001, the ADMK government removed the posts which were once again restored by the DMK in 2006. The latter also increased the honorarium from 500 to 800 for the 13,394 workers in service then. In May 2010, the DMK government gave them two years tenure. But, on November 8, 2011 the ADMK government disbanded the posts again.
The matter came up before the present bench after a single judge declared that the government policy to abolish the posts was malafide in 2012. When it was taken by a division bench later, a compromise was attempted as a section of the workers accepted a settlement scheme. The matter then went to the Supreme Court, and on the basis of its direction the matter was heard by the present bench.
The Bench was passing orders on appeals by the government and petitions by individuals/associations. The appeals were remitted to the High Court by the Supreme Court. The petitions sought to quash the November 8 G.O. and absorb the ousted workers in suitable posts.
Advocate-General A.L. Somayaji said the government, considering the duties of the workers and the financial aspects, decided not to continue the post.
P. Wilson, senior counsel for the Tamil Nadu Makkal Nala Paniyalargal Munnetra Sangam, said the government disbanded the post, without considering the long years of the service of the workers.
The Bench upheld the procedure followed for the appointment of these workers. The government disbanded the post even before the term (May 31, 2012) expired, without considering facts such as the workers’ duties such as propagating adult education, encouraging small savings, creating awareness among people of the evils of drinking and ensuring rural sanitation. The government had not achieved 100 per cent rural sanitation, adult education and small savings, and reduction in liquor consumption. The government earned over Rs. 21,600 crore through liquor sales by employing 29,000 persons. Propagating the evils of liquor was the government’s constitutional obligation. Liquor ruined the lives of the people. Several accidents were caused by drunken driving. But a paltry Rs. 1 crore was being spent on a campaign against liquor consumption. The campaign should continue with more vigour, the court said.
The State Government decided to open hotels offering subsidised food, medical shops and seed farms and sell bottled water, salt, provisions and vegetables. More than three lakh were employed in the government and its undertakings. Hence, it may not be difficult to accommodate these workers in vacant posts, the Bench said.
The bench said: “State Government has announced several policy decisions such as subsidised hotels, medical shops, seed farms, sale of bottled water, salt, provision stores, vegetable vending, etc., under the name of Amma Schemes. More or less 3 lakh people are employed in the state government and in its undertakings. Hence, it may not be difficult for the government to accommodate the workers, who are yet to be given regular appointment in vacant posts.”
The judges also said that the impugned decision of the government had been taken without noticing the real and relevant facts such as the duties performed by the workers.
If this is not possible, the workers who were thrown out of job should be accommodated in vacancies in government schools, local bodies, taluk offices, the Collectorates, various other government offices and government-owned undertakings, or in posts created for implementing new schemes in the 2014-15 budget, according to their qualification without reference to their age.
A Division Bench of Justices N. Paul Vasanthakumar and M. Sathyanarayanan said the exercise should commence immediately and be completed by October 31. If any of the eligible workers could not be accommodated, the government should pay the last drawn salary from November 1 this year till they were accommodated in any post.
The judgment would benefit nearly 13,000 workers who had fought a legal battle since the government disbanded the posts on November 8, 2011. The workers were appointed during the DMK rule.
On September 2, 1989, the DMK government announced a job scheme for educated youth in rural areas and designated them ‘village level workers’ (Makkal Nala Paniyalargal). A total of 25,234 workers - one male and one female in each panchayat - were appointed. On July 13, 1991, the AIADMK government ousted them from service saying they were in no way helpful for execution of various programmes and were causing additional expenditure of nearly 6 crore.
Their posts were restored by the DMK government in 1997 and their honorarium was increased from 200 a month to 500. On June 1, 2001, the ADMK government removed the posts which were once again restored by the DMK in 2006. The latter also increased the honorarium from 500 to 800 for the 13,394 workers in service then. In May 2010, the DMK government gave them two years tenure. But, on November 8, 2011 the ADMK government disbanded the posts again.
The matter came up before the present bench after a single judge declared that the government policy to abolish the posts was malafide in 2012. When it was taken by a division bench later, a compromise was attempted as a section of the workers accepted a settlement scheme. The matter then went to the Supreme Court, and on the basis of its direction the matter was heard by the present bench.
The Bench was passing orders on appeals by the government and petitions by individuals/associations. The appeals were remitted to the High Court by the Supreme Court. The petitions sought to quash the November 8 G.O. and absorb the ousted workers in suitable posts.
Advocate-General A.L. Somayaji said the government, considering the duties of the workers and the financial aspects, decided not to continue the post.
P. Wilson, senior counsel for the Tamil Nadu Makkal Nala Paniyalargal Munnetra Sangam, said the government disbanded the post, without considering the long years of the service of the workers.
The Bench upheld the procedure followed for the appointment of these workers. The government disbanded the post even before the term (May 31, 2012) expired, without considering facts such as the workers’ duties such as propagating adult education, encouraging small savings, creating awareness among people of the evils of drinking and ensuring rural sanitation. The government had not achieved 100 per cent rural sanitation, adult education and small savings, and reduction in liquor consumption. The government earned over Rs. 21,600 crore through liquor sales by employing 29,000 persons. Propagating the evils of liquor was the government’s constitutional obligation. Liquor ruined the lives of the people. Several accidents were caused by drunken driving. But a paltry Rs. 1 crore was being spent on a campaign against liquor consumption. The campaign should continue with more vigour, the court said.
The State Government decided to open hotels offering subsidised food, medical shops and seed farms and sell bottled water, salt, provisions and vegetables. More than three lakh were employed in the government and its undertakings. Hence, it may not be difficult to accommodate these workers in vacant posts, the Bench said.
The bench said: “State Government has announced several policy decisions such as subsidised hotels, medical shops, seed farms, sale of bottled water, salt, provision stores, vegetable vending, etc., under the name of Amma Schemes. More or less 3 lakh people are employed in the state government and in its undertakings. Hence, it may not be difficult for the government to accommodate the workers, who are yet to be given regular appointment in vacant posts.”
The judges also said that the impugned decision of the government had been taken without noticing the real and relevant facts such as the duties performed by the workers.
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