Reinstate TN workers- Judgement . Court Whistling in the dark?
The High Court of Tamil Nadu has been ordered to take back the people Welfare Workers ,appointed by the last DMK Government.
In its order has condemned the practice of a Government to nullify the decisions of the previous Government.
1.Where was the Court when The Central Government and State Governments changed the decisions of the earlier Governments?
2.Does the Court have jurisdiction in these affairs as these are passed by The Legislature?
Please check the Rules empowered to State Government by The constitution of India.
The present judgement is called ‘whistling in the dark’
Ms Jayalalithaa had sacked all the 13,000-odd “Makkal Nala Paniyalargal (People Welfare Workers), appointed during the previous DMK regime in one go in November last year on the grounds that their services were redundant and there were enough staff to look after their works. This triggered a wave of protests by the sacked workers.
The workers were first appointed in 1990 by the DMK regime and all of them were sacked after Ms Jayalalithaa assumed office in 1991. After the DMK came to power in 1996, they were reinstated again, only to be sacked by Ms Jayalalithaa in 2001. When DMK came to power again in 2006, Mr Karunanidhi appointed them again and brought them under Special Time Scale of pay.
But, after she came back to power in May this year, the workers again become victims of politics when the AIADMK government disbanded their posts and sacked them in one go. This triggered a wave of protests by the sacked workers. The Opposition DMK also staged a demonstration and various political parties condemned the government’s action and demanded that all of them should be reinstated.
Petitions were filed by Tamil Nadu Makkal Nala Paniyalargal Munnetra Sangam and the Dindigul Mavatta Makkal Nala Paniyalargal Nala Sangam in the Madras High Court. Ms Justice K Suguna directed the government to reinstate all the sacked workers. Quashing the GO sacking the 13,000-odd workers,the Judge also directed the government to restore all the benefits extended to them.”
THE FUNDAMENTAL RULES OF THE
TAMIL NADU GOVERNMENT.
CHAPTER I—EXTENT OF APPLICATION
1. These rules may be called the Fundamental Rules. They shall come into force with effect
from the 1st January 1922.
The President of the Republic of India and the State Government may, by general or special
orders, permit deviations from any provisions of a purely procedural nature contained in any rules
made or confirmed under Article 309 of the Constitution of India provided that such deviations shall
not affect the conditions of service, the pay and allowances or the pensions of officers subject to the
rule-making control of the President of the Republic of India.
2. The Fundamental Rules apply, subject to the provisions of Rule 3, to all Government
servants paid from the Consolidated Fund of the State and to any other class of Government
servants to which Government may by general or special order declare them to be applicable.
The Government may, in relation to service, under their administrative control, other than AllIndia Services, make rules modifying or replacing any of the Fundamental Rules:
Proviso deleted (G.O.Ms.No.90 P&AR (FR.IV) dt. 5.7.2003 – w.e.f. 19.3.2003).
Note 1.—A Government servant who is paid from the Consolidated Fund of the State and who is
temporarily transferred to any of the Defence Services shall remain subject to these Fundamental
Note-2.—The Service Rules shall be taken to embody and indicate fully all the provisions
governing the services concerned. As laid down in the Service Rules the Fundamental Rules shall
govern a service, only in the matter of leave, leave salary, pension and other such conditions of
service, as have not been provided for in the Service Rules. If any provision of the Fundamental Rules
is repugnant to any provisions of the Service Rules, then the provisions of the Service Rules shall
prevail and the provisions of the Fundamental Rules shall, to the extent of the repugnancy, be void.