Omitted MNP workers to get payment through RTGS within three months: Supreme Court

While hearing the matter related to the Tamil Nadu Makkal Nala Paniyalargal (MNP), the Supreme Court of India stated that “such persons who have not joined pursuant to the scheme dated 7th June 2022, they are at liberty to accept their payments for the intervening period of 6 months from 1st December 2011 to 31st May 2012 of the principal amount of Rs.25,851/ to the  MNP. On such an application being filed, the appellants shall make over the money to such MNP through RTGS or any other mode after due verification within three months.” On the other hand, those who have joined the scheme should remain conterminous with the scheme and will be allowed to continue for the same as long as the scheme remains in force. 

As per the scheme introduced by the State Government under its policy dated September 2, 1989, persons were appointed for different posts in the village. Later, the scheme was disbanded by the Government by order on the premise that the appointments made of the MNP were not helpful for the execution of programs at the village level. It was also determined that the scheme only caused the additional expenditure of Rs. 6 crores per annum to the Government and left the execution of various developmental activities concerned through extension officers at the block level. As a consequence thereof, the persons who were engaged as MNP pursuant to policy decisions of the Government dated 2nd September 1989, their services stood terminated/discontinued. 

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The scheme was restored by the Government for assisting in the maintenance of village assets and libraries & implementation of an adult literacy program in villages. The District Collectors were directed to prepare the estimated available vacancies so that MNPs could be accommodated to the extent possible. Before their term could expire, the Government again issued an order dated 8th November 2011 to disband MNPs with immediate effect on the premise that “there is surplus staff in panchayat units at village panchayat level to look after the works presently being looked after by MNPs” therefore, a decision was taken to disband the post of MNP which will save approximately Rs.73 crores. The learned Single Judge of the High Court allowed the writ petition and while quashing, directed the State to reinstate the members of the associations who have served as MNP. 

The matter was then presented before the Supreme Court and a bench comprising Justices Bela M. Trivedi and Ajay Rastogi gave the judgment on April 11, 2023. The bench stated that when the respondents were appointed on a fixed term and on a fixed salary in a temporary unit that was created for a particular project, no such direction could have been issued by the Division Bench of the High Court to absorb them in Government service and to regularise their services.  While giving the judgment, the Supreme Court also opined that “the High Court observed that even while absorbing and/or regularising the services of the respondents, the State Government may create supernumerary posts which is unsustainable.” The bench further added that such a direction is without jurisdiction. The top Court then stated that the judgment passed by the Division Bench of the High Court was not sustainable and the appeals were allowed.

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