IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.08.2010 CORAM THE HON'BLE MR.JUSTICE T. RAJA Writ petition No.28241 of 2006 (O.A.No.3351 of 2000) Tamil Nadu Village Administrative, Officers' Association, Trichirapalli District Unit represented by District Secretary N.Mamundi, S/o. Nallaiah, aged 50 years, Village Administrative Officer, Thoppampatti, Manaparai Taluk, Trichirapalli District. .. Petitioner /vs/ 1.The District Collector, Trichirapalli. 2.The Revenue Divisional Officer, Trichirapalli. 3.The Revenue Divisional Officer, Lalgudi, Trichy District. 4.The Revenue Divisional Officer, Musiri, Trichy District. 5.The Tahsildar, Trichirapalli. 6.The Tahsildar, Manapparai Taluk, Trichy District. 7.The Tahsildar, Srirangam Taluk, Trichy District. 8. The Tahsildar, Lalgudi Taluk, Trichy District. https://hcservices.ecourts.gov.in/hcservices/ 9.The Tahsildar, Mannachanallur Taluk, Trichy District. 10. The Tahsildar, Musiri Taluk, Trichy District. 11. The Tahsildar, Thottiam Taluk, Trichy District. 12. The Tahsildar, Thuraiyur Taluk, Trichy District. .. Respondents PRAYER: This writ petition came to be numbered under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus by way of transfer of O.A.No.3351 of 2000 from the file of the Tamil Nadu Administrative Tribunal with a prayer to call for the records of the first respondent in his proceedings C2/8529/2000 dt. 27.4.2000 and of the ninth respondent in his Na.Ka.A1/948/2000 dt. 28.4.2000 and quash orders passed therein and direct the respondents not to deduct a day's pay from the salary of the V.A.Os. for the month of April 2000 in pursuance of the impugned orders. For petitioner : Mr. R. Ravi For Respondents : Mr. S. Gopinathan, Additional Government pleader For R1 to R12 ORDER The Tamil Nadu Village Administrative Officers' Association, Trichirappalli District filed the Original Application on the file of the Tamil Nadu Administrative Tribunal seeking a prayer to call for the records of the first respondent in his proceedings C2/8529/2000 dated 27.4.2000 and of the ninth respondent in his Na.Ka.A1/948/2000 dated 28.4.2000 and quash the orders passed therein and direct the respondents not to deduct a day's pay from the salary of the V.A.Os. for the month of April 2000 in pursuance of the impugned orders. 2. The Jamabandhi programme for the Trichy District for Fasli year 1409 from 18.04.2000 to 28.04.2000 had been published in the extraordinary issue number. 9 dated 31.3.2000 of the District Gazette, Trichirapalli. The members of the petitioner association https://hcservices.ecourts.gov.in/hcservices/ by holding a meeting on 16.4.2000 near Trichy Junction passed a resolution that the members should not attend Jamabandhi for Fasli 1409 commencing from 18.4.2000 in Trichy District for the reasons that their various demands have not been settled by the District Administration. As a result of the resolution passed by the members of the association, some of the Village Administrative Officers failed to produce their accounts for checking by participating the Jamabandhi meeting on 18.4.2000 without prior inspection of the accounts of the village concerned. As a result, many problems of the public coming from various villages could not be solved by the District Administration. In view of the above boycott observed by the Village Administrative Officers, the Revenue Divisional Officer, Trichy, Lalgudi and Musiri and all Tahsildars were instructed to take decision to deduct salary for April 2000 to the Village Administrative Officers who have not produced the accounts for Jamabandhi for Fasli 1409, particularly by taking into account the persons, who had not attended the Jamabandhi meeting in the office letter RC.C2/8529/2000 dated 27.4.2000. Aggrieved by the above said letter, the District Secretary of the Tamil Nadu Village Administrative Officers Association, Trichy District filed O.A. seeking a direction to the respondents not to deduct one day's pay of the Village Administrative Officers. 3. Heard the learned counsel on either side. 4. When the petitioner's association placed certain demands regarding their Service matters before the District Revenue Officer, Tiruchirappalli in the year 1998, the High level committee after considering the demands made by the members of the petitioner's association, most of the reasonable demands were settled earlier except publication of the seniority list of Village Administrative Officers in Trichy District. Even that seniority list could not be published for the reason that particulars like name of individual, date of joining duty, community, native place, date of birth, educational qualifications etc., in respect of each Village Administrative Officer have to be collected from all the Tahsildars of the concerned District for the compilation of seniority list, and therefore the said demand could not be settled immediately. Hence in a meeting conducted by the District Revenue Officer, Tiruchirappalli on 14.9.98 with the office bearers of the petitioner's association, assurance was given to complete the above work as early as possible. Accordingly, after getting the said details in respect of all the 453 Village Administrative Officers working in the District from the subordinate officers, the seniority list has been prepared and sent to Government branch press, Thuvakudi for printing and publication on 24.11.99. Thereafter, due to heavy work in the Government press, the seniority list was printed on 5.5.2000. The delay in publication of seniority list of Village Administrative Officers was due to https://hcservices.ecourts.gov.in/hcservices/ various administrative reasons. Without considering the above aspects, the Village Administrative Officers have no right to boycot their legitimate duty of producing accounts for Jamabandhi on the dates fixed for their respective villages. Though the petitioner association raised objection to participate in Jamabandhi meeting by stating the reason for delay in publishing the seniority list, it is clear on facts that hundreds of public came to attend the Jamabandhi meeting from 18.4.2000 to 28.4.2000 and their requests could not be considered by the Collector and District Revenue Officers for want of accounts from the Village Administrative Officer. The Village Revenue accounts regarding issues of patta and also collection of revenue from the landlords also could not be settled due to the one day boycott done by Village Administrative Officers coming from different villages in the Trichy District. In that view of the matter, this Court is of the view that the withholding of one day salary of the Village Administrative Officers who have not done their legitimate duly of attending Jamabandhi for redressing the grievance of the public, by the Government cannot be interfered with. Though the Village Administrative Officers are all full time Government servants and the department is also entitled to proceed against them for disciplinary action for their dereliction of their duty, their one day pay was only withheld for their unauthorised absence from duty. Therefore, I do not find any merit in this writ petition and the writ petition is dismissed. No costs. sms Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To: 1.The District Collector, Trichirapalli. 2.The Revenue Divisional Officer, Trichirapalli. 3.The Revenue Divisional Officer, Lalgudi, Trichy District. 4.The Revenue Divisional Officer, Musiri, Trichy District. 5. The Tahsildar, Trichirapalli. https://hcservices.ecourts.gov.in/hcservices/ 6. The Tahsildar, Manapparai Taluk, Trichy District. 7.The Tahsildar, Srirangam Taluk, Trichy District. 8. The Tahsildar, Lalgudi Taluk, Trichy District. 9. The Tahsildar, Mannachanallur Taluk, Trichy District. 10. The Tahsildar, Musiri Taluk, Trichy District. 11. The Tahsildar, Thottiam Taluk, Trichy District. 12. The Tahsildar, Thuraiyur Taluk, Trichy District. + 1 cc to Government Pleader, SR No.62536 PV(CO) SR/11.11.2010 W.P.NO.28241 OF 2006 (O.A.No.3351 of 2000) https://hcservices.ecourts.gov.in/hcservices/