Madras High Court issues notice in plea challenging withdrawal of disciplinary action for govt employee strikes

The Madurai Bench of the Madras High Court recently issued notice in a public interest litigation against government orders, one of which withdrew disciplinary action against government employees and teachers who participated in strikes in 2016, 2017 and 2019 (Ramkumar Adityan B v. Chief Secretary)..A Bench of Justices Pushpa Sathyanarayana and P Velmurugan issued notice in the matter, even as it expressed reservations about interfering with government policy..Another government order challenged by the petitioner regularised periods during the strikes when employees faced temporary suspension, treating it as working period. The petitioner sought quashing of the orders on the grounds that they were illegal and contrary to statutory provisions.“In sum and substance, both the GOs are legalising an illegal act made by the government employees...and they are also paying public money in the name of salary,” counsel for the petitioners argued during the proceedings..The petitioner submitted that the withdrawal of disciplinary action was illegal. Reliance was placed on a judgment of the Supreme Court in TK Rangarajan v. Government of Tamil Nadu, where it was held that government employees cannot hold society at ransom by striking, and should resort to the machinery under statutory provisions for grievance redressal..In fact, while considering petitions filed against the strikes in question, the Madras High Court had observed that teachers resorting to strikes was to the detriment of students.The petitioner acknowledged that the subject matter of the orders under challenge was service law, and that the same was a policy decision of the government. However, as per Supreme Court precedents, a policy decision is subject to judicial review if the same is unconstitutional, or is de hors the provisions of the Act, or if the delegate has acted beyond its power..In light of these considerations, the petitioner sought that the State be directed to restore all cancelled punitive orders, proceed on disciplinary action and registered cases, and recover the monetary benefits extended to those who participated in the strike..Advocate S Sankar appeared for the petitioner.