Chennai:
The Madras High Court on Wednesday stayed operation of a single judge's ruling in January, quashing a state government order abolishing the post of village level public welfare workers and removing them from service.
The single judge on January 23 had directed authorities concerned to reinstate over 12,000 members of two associations of
Makkal Nala Paniyalargal (MNPs) and extend all benefits to them.
On November 11, 2011, the court had stayed the government order, directing collectors to remove all 12,000 workers, employed at a monthly consolidated amount of Rs 5,000 during the previous DMK government, stating there is enough staff in the rural development department to handle works assigned to these workers and hence there was no need for them.
Passing the interim order on appeals filed by the state government challenging the single judge's order, a Division Bench, comprising justices Elipe Dharma Rao and M Venugopal on Wednesday admitted the appeals and ordered notice.
The Bench posted the appeal for further hearing on April 18. In the appeals the Principal Secretary, Rural Development and Panchayat Raj Department said the single judge's order was contrary to law and the facts of the case.
The judge had failed to note that the writ petitions were filed by the associations, registered under the Societies Registration Act and hence the members as reflected in the records of the Registrar of Societies should be taken into consideration and not the list produced by the petitioners, the appeals said.
Besides, the judge had failed to consider non-compliance of various provisions of the Act, while considering maintainability of the petitions filed by the associations.
Noting that individual termination orders had not been challenged, the appeals said the single judge had also failed to note that appointment of MNPs was made without following any procedure and the quota system was not adhered to.