The end of agony

THE 999 government employees and teachers of schools run or funded by the government in Tamil Nadu, who were dismissed from service in the wake of the July 2, 2003 strike by public servants in the State, have been reinstated. Chief Minister Jayalalithaa made an announcement to this effect in the State Assembly on February 10. She said that she had decided to exonerate these "misguided" employees of the charges and give them a fresh lease of life, because she did not have any ill-will towards them. The orders dismissing them from service, issued on December 31, 2003 on charges that they joined or instigated the strike (Frontline, February 27, 2004), stood cancelled. However, all those reinstated, about 60 per cent of them employees of the State Secretariat in Chennai, have to forego their four annual increments with cumulative effect as punishment.

The announcement brought cheers to the functionaries of employees' unions and political leaders cutting across parties, who have been pressing for their reinstatement through peaceful agitations and legal action. "This is good news. This brings to an end our seven-month ordeal," said a union functionary, who was among those dismissed. "True, the increment cuts are very severe. Anyway, this is like a death sentence being converted to a life-term," he said.

Most of the 999 persons were arrested even before the strike began on July 2, 2003 and charged with instigating or supporting the strike, an offence under the provisions of the Tamil Nadu Essential Services Maintenance Act (TESMA), 2002, as amended by an Ordinance in July 2003, soon after the strike was launched. The government came down heavily on the strike by dismissing over 1.5 lakh employees and teachers and arresting thousands of them. At the intervention of the Madras High Court and the Supreme Court, the government released those arrested and reinstated those sacked, barring 6,072 employees against whom first information reports (FIRs) had been filed. The Supreme Court had directed the government to refer the case of the 6,072 employees to a three-member panel of retired Judges. The panel ordered the termination of service of 999 persons and the reinstatement of the rest, who were, however, punished with demotion to the next lower grade and increment cuts with cumulative effect.

While cancelling the dismissal orders served on the 999 persons and punishing them with increment cuts, the Chief Minister announced that those demoted earlier would be restored to their earlier posts but would suffer two increment cuts with cumulative effect. Employees who were punished with cuts in increments for three years would have to lose only one increment, though with cumulative effect.

Leaders of employees' unions said the petitions challenging the draconian TESMA were still before the Madras High Court and the State Administrative Tribunal. They wanted the government to withdraw all the penal actions against the 6,000-odd employees. All India Trade Union Congress (AITUC) general secretary S.S. Thiagarajan demanded the restoration of the customary "benefits and privileges" of government employees, only to press which they went on strike.

S. Viswanathan