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Tamil Nadu
By J. Venkatesan
A Bench, comprising Justice M.B. Shah and Justice A.R. Lakshmanan, however, asked senior counsel for the State, K.K. Venugopal, to treat 2,749 employees (2,215 Secretariat staff members and 534 officers holding a higher position) as having been `suspended', instead of treating them as `dismissed', and the Government responded that it would do so. Responding to the court's suggestion last week to restrict the number of employees not to be reinstated to 5,000, Mr. Venugopal informed the Bench that out of 1,70,241 employees dismissed, 1,56,106 were taken back and 14,135 were not reinstated. However, the Government was prepared to reinstate another 8,063 employees but not the 6,072 employees, including 2,211 arrested and 1,112 (other than Secretariat staff) persons involved in instigating other employees to participate in the strike, as they could not claim any right to be reinstated. When P. Chidambaram, senior counsel, said that of them 2,749 employees had not indulged in violence, the court suggested that they be treated as `suspended' and not as `dismissed'. The Bench said representations of the 6,072 employees would be considered by a panel of three retired judges of the Madras High Court, to be appointed by its Chief Justice within seven days, and disposed of within one month, each of them taking up around 2,000 cases. The Bench, which also fixed the salary of the three judges at Rs. 50,000, said they would decide the representations on the most equitable ground without taking into consideration the Ordinance amending Section 7 (dismissal) of the Tamil Nadu Essential Services Maintenance Act and as far as possible in accordance with Service Conduct Rules. The Bench, while suggesting that the three retired judges could sit in Chennai, Madurai and Coimbatore, made it clear that it would be open to them to decide the places in consultation with the Chief Justice. They could evolve a common procedure for disposal of the representations and their decisions would be binding on the Government. However, if an employee was aggrieved with their decision, it would be open to him to approach the State Administrative Tribunal or an appropriate forum. Last week, the Bench told counsel not to withhold pensionary benefits to retired employees as doing so was not proper, and asked the government to reconsider the decision. Today Mr. Venugopal said a necessary clarification had been sent to the Principal Accountant-General, saying the pension proposals of those employees who retired after July 2 might be processed on the basis of the court directions that the period from July 2 till reinstatement would not constitute a break in service. The Bench said it would pass a detailed order tomorrow on the batch of six petitions challenging the dismissals.
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