CHENNAI: The Madras High Court has imposed a cost of Rs 5 lakh on Tamil Nadu government for filing an appeal in a matter concerned with the appointment of a sanitary worker in a government-aided private college, even though the matter was already settled by the court.
A division bench of Justices R Subramanian and G Arul Murugan passed the orders recently. The appeal was filed against a single judge’s order (passed in 2023) directing the higher education department to grant approval for the appointment of the sanitary worker, T Govindammal, on a regular basis in Christopher’s College of Education, Vepery, Chennai.
The government pleader submitted that a single-judge bench in 2023 had upheld the right of the state to pass a Government Order (G.O.) regulating appointments to sanctioned posts in government-aided colleges.
“No doubt, the government has got the power to regulate appointments in government-aided colleges, but that cannot be done by way of administrative orders, which run contrary to the rules that are already in force. We, therefore, see no merit in the appeal,” the bench held while dismissing the appeal.
The bench further stated that a 2013 G.O., which enabled the state to regulate the appointment of sanitary workers on contractual basis in aided colleges, was struck down by the HC and the special leave petitions preferred by TN were subsequently dismissed by the Supreme Court as well.
“Since we find that this appeal is re-agitation of a matter, which is already settled by a division bench of this court and approved by the SC, we impose a cost of Rs 5 lakh on the government,” it said in the order.
It directed the state to pay Rs 2.5 lakh to the sanitary worker through the college and the remaining amount to the Madras High Court Legal Services Authority within 15 days.
Further, it ordered the state to grant approval to the appointment of the worker by complying with the order of the single judge in 4 weeks.