Madras High Court
The State Of Tamil Nadu vs G.Moorthy on 27 April, 2021
W.A.(MD)No.141 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.141 of 2021
and
CMP(MD).No.404 of 2021
1. The State of Tamil Nadu,
Rep. By its Principal Secretary to Government,
Commercial Taxes and Registration (A1) Department,
Secretariat, Chennai 600 009.
2. The Principal Secretary and
Commissioner of Commercial Taxes,
Chepauk, Chennai – 600 005.
3. The Joint Commissioner (Commercial Taxes),
Tirunelveli.
4. The Deputy Commissioner (Commercial Taxes),
Commercial Tax Building,
Madurai Road, Virudhunagar,
Virudhunagar District.
... Appellants/Respondents
Vs
G.Moorthy
... Respondent/
Writ Petitioner
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W.A.(MD)No.141 of 2021
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 19.06.2019, passed in W.P(MD).No.1872 of 2015.
For Appellants : Mrs.J.Padmavathi Devi,
Special Government Pleader
For Respondent : Mr.A.Thirumurthy
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mrs.J.Padmavathi Devi, learned Special Government Pleader
appearing for the appellants and Mr.A.Thirumurthy, learned Counsel
appearing for the respondent.
2. This appeal filed by the State is directed against the order, dated
19.06.2019, passed in W.P(MD).No.1872 of 2015.
3. An identical issue was considered by the Hon'ble Division Bench
of this Court in W.P.(MD) No.866 of 2020 dated 21.09.2020 in the case of
Sarvothaman The State of Tamil Nadu, Rep. By its Principal Secretary to
Government, Commercial Taxes & Registration (A1) Department and
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W.A.(MD)No.141 of 2021
others vs. M.Selvaraj, and dismissed the appeal filed by the Government.
The operative portion of the said judgment reads as follows:-
“7. The learned Single Judge has taken note
of the above cited development and it is relevant
to extract paragraph No.5, as follows:-
'The impugned order is a
non~speaking order. No acceptable reason
has been provided in the impugned order
for the non deletion of his name from the
G.O. The fact remains that the services of
the writ petitioner was regularised long
back and the probation was also declared
and he was brought as regular member of
the Government service. Thus,
incorporation may not have any
consequences and even if the case of the
writ petitioner was erroneously considered
during the year 1990, the same cannot be
un-settled. If any such cancellation is
made, the same will not only affect the
service benefits of the writ petitioner, it
will affect the livelihood itself of a servant,
who put more than 30 years of service in
the Government Department. An order of
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W.A.(MD)No.141 of 2021
regularisation as well as the declaration of
probation was granted long back, the
Government cannot now un~settle the
position on the ground that the authority,
who regularised the service of the writ
petitioner, committed some mistake. Even
in case of such mistake the employee
cannot be put to hardship, after a lapse of
so many years and after putting so many
years of service in the department.'
8. The learned Single Judge has also taken
note of the fact that the Commissioner of
Commercial Taxes also made a positive
recommendation and the same has been
considered improperly without assigning any
reason and taking out of the fact that the petitioner
came to be appointed on daily wage basis as early
as on 21.01.1985, his regularisation, successful
declaration of his probation, providing him
Selection and Special Grade of pay and his
retirement, has raised the conclusion that it is a fit
case to interfere with the impugned proceeding.
9. In the considered opinion of the Court,
the reasons assigned by the learned Single Judge
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W.A.(MD)No.141 of 2021
in allowing the writ petition cannot be found fault
with, for the reason, that the appellants/official
respondents are themselves guilty of delay and
laches and after a long lapse of time, they cannot
allowed to take a stand as to the irregular
appointment of the respondent/writ petitioner as
Office Assistant on daily wage basis.
10. In the considered opinion of the Court,
the law and equity is also operating in favour of
the respondent/writ petitioner. This Court, having
found no merits in this Writ Appeal, is not
inclined to interfere with the impugned order of
the learned Judge.
11. In the result, this Writ Appeal is
dismissed, confirming the order dated 19.06.2019,
passed in W.P(MD).No.3082 of 2015. No costs.
Consequently, the connected miscellaneous
petition is closed.
12. If at all the respondent/writ petitioner is
not conferred with any of the retiral/pensionary
benefits, for which, he may be eligible, shall be
provided with the same within a period of ten
weeks from the date of receipt of a copy of this
order by the concerned official respondents and
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W.A.(MD)No.141 of 2021
the communication in this regard shall also sent to
him. ”
4. The learned Special Government Pleader appearing for the
appellants is not able to point out any distinguishing features, as to why the
said judgment is not applicable to the case on hand. Hence, the Writ Appeal
is liable to be dismissed.
5. Accordingly, the Writ Appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(T.S.S.,J.) (S.A.I.,J.)
27.04.2021
Index : Yes/No
Internet : Yes/No
sj
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
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W.A.(MD)No.141 of 2021
To
1. The Principal Secretary to Government,
Commercial Taxes and Registration (A1) Department,
State of Tamil Nadu,
Secretariat, Chennai 600 009.
2. The Principal Secretary and
Commissioner of Commercial Taxes,
Chepauk, Chennai – 600 005.
3. The Joint Commissioner (Commercial Taxes),
Tirunelveli.
4. The Deputy Commissioner (Commercial Taxes),
Commercial Tax Building,
Madurai Road, Virudhunagar,
Virudhunagar District.
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W.A.(MD)No.141 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
sj
W.A.(MD) No.141 of 2021
27.04.2021
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