Madras HC imposes Rs 5 lakh cost on TN govt for bringing up a settled matter

CHENNAI: The Madras High Court imposed cost on the State government for bringing up the matter of appointing Group D workers in government-aided colleges which was already settled by a division bench of the High Court and upheld by the Apex Court.

“We feel this is an unnecessary appeal moved by the State in a matter which was already settled by this court as well as the Supreme Court,” held a division bench of Justice R Subramanian and Justice G Arul Murugan and imposed a cost of Rs 5 lakh to the government for reviving the matter.

Out of the total cost money, the State should pay Rs 2.5 lakh to the sanitary worker, against whose appointment the government moved the appeal and the remaining cost should be deposited to the account of Madras High Court Legal Services Authority, directed the bench.

The cost should be paid within a period of 15 days, directed the bench and posted the matter to March 20 for compliance with the order.

The Tamil Nadu Higher Education department moved the appeal before the bench challenging the single judge order directing the State to approve the appointment of a sanitary worker to St Christopher College of Education, Vepery, Chennai and grant aid to her appointment.

Rule 11 (1) of the Tamil Nadu Private Colleges Regulation Rules, 1976, mandates the government to grant aid for appointments made by the aided institutions.

On October 10, 2013, the government issued an order stating that all the aided arts and science colleges should appoint Group D workers, including sweepers, watchmen and sanitary workers on a contract basis.

The expenditure towards such appointments should be met out by the aided institutions from the college funds and that will not be covered in the grant, said the government order.

The order was quashed by this court in 2017, and the appeal moved by the State was also dismissed by a division bench of the HC here.

Later, the Supreme Court also confirmed the quashing of the government order, hence the issue reached its finality.

Such being the position, St Christopher College of Education, on June 24, 2019 appointed T Govindammal as a sanitary worker, which was not approved by the State.

However, on November 20, 2023, the single judge directed the State to approve the appointment and grant aid.

Challenging that order the Higher Education department moved the appeal.

The division bench refused to quash the single judge order as the State issued the order to prevent regular appointments in aided colleges, however, it was quashed and reached finality.