Take action on officers regularising jobs sans govt consent: HC

CHENNAI: The Madras High Court directed the Tamil Nadu government to find out whether any district library officer had passed orders to give benefits of regularisation and permanent absorption to the village librarians without the government’s consent.

It also ordered the State to take severe action against those officers who did so. “The director of public libraries is duty bound to verify, whether any such illegal orders are passed by any other district library officer in any district across Tamil Nadu. If such information is provided, immediate actions are to be taken by the HoD as per law,” Justice SM Subramaniam held.

The judge made this observation when the director informed the court that the district library officer in Salem had passed illegal orders without getting permission or an intimation to the government, regularising the services of certain employees on extraneous considerations.

A set of petitioners — village librarians from Erode — had submitted that the same allegation about the Salem district library officer and had requested the same benefit to be extended to them.

N Silambanan, Additional Advocate General (AAG), assisted by S Anitha, Special Government Pleader (SGP) for the respondent, submitted that all appropriate actions were taken to cancel the order and initiate action against officials responsible and accountable for such illegalities. But, the court wanted the State government to carry out further probe, if required, through the Department of Vigilance and Anti-Corruption (DVAC).

The petitioners sought a direction to quash the November 2007 order of the School Education Department to extend the benefit of regularisation and permanent absorption to the village librarians under the Grade-III librarian post from November 2007.

“Regularisation should be granted retrospectively with effect from the date the petitioners were appointed as Village Librarian. Therefore, the order of regularisation passed with effect from the date of appointment as Grade-III Librarian on November 2007 is erroneous,” the petitioners submitted.

However, the judge held that the regularisation or permanent absorption can never be claimed as a matter of right. He further noted that the village librarian post is a part-time and unclassified post, and the GO to regularise them as Grade-III Librarians in the sanctioned post in the time scale of pay itself is a concession considering the long services rendered by them in the post of village librarian.

“Therefore, the claim of the writ petitioners for retrospective regularisation deserves no merit consideration and the benefit of regularisation and permanent absorption already granted with effect from the date of appointment of the writ petitioners as Grade-III Librarian is in consonance with the principles laid down by the Constitution Bench of the Supreme Court of India in the case of The Secretary, State of Karnataka and others Vs Uma Devi & others,” said Justice Subramaniam.