Madras High Court
G.Krishnakumar … vs The Government Of Tamil Nadu on 10 December, 2021
W.P. No.7329 of 2020
IN THE HIGH COURT OF JUD9ICATURE AT MADRAS
DATED: 10.12.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
W.P. No.7329 of 2020
G.Krishnakumar … Petitioner
Vs
1. The Government of Tamil Nadu
rep. By its Secretary to Government,
Environment and Forest Department,
Secretariat, Chennai – 600 009.
2. The Member Secretary,
Environment Management Agency of Tamil Nadu,
Saidapet, Chennai – 600 015.
… Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying
for the issuance of Writ of mandamus directing the respondents to regularise
the services of petitioner as driver from the date of initial appointment i.e.,
01.12.2004 with all consequential service and monetary benefits.
For Petitioner : Mr.T.Dharani
For Respondents : Mr.L.S.M.Hasan Fazal
Additional Government Pleader – R1 & R2
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W.P. No.7329 of 2020
ORDER
The case of the petitioner is that he was appointed as a Driver in the
respondent Department on 30.11.2004 through Employment Exchange. He has
joined duty on 01.12.2004 and has been continuously working as driver
without any interruption in service. The petitioner has been making periodical
representation to the respondent Department for regularising his service in
view he being continued in service without any break.
2. According to the petitioner, several similarly placed persons have
approached this Court, both before Principal Bench as well as before Madurai
Bench, and orders were passed directing the Department to regularise their
services. The orders passed by the learned single Judges are also confirmed in
appeals by the Division Bench of this Court. Against the orders of the Division
Bench, Special Leave Petitions were filed and the same were also rejected.
Having left with no option, the Government also implemented the orders
passed by this Court by passing G.O.Ms.No.03, Environment and Forest
Department dated 11.01.2019 and G.O.Ms.No.48, Environment and Forest
Department dated 27.05.2019.
3. Mr.T.Dharani, learned counsel appearing for the petitioner would
submit that the issue of regularisation of services of employees like the
petitioner is no more res integra and has been covered by numerous decisions
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W.P. No.7329 of 2020
of this Court, confirmed by the Hon'ble Supreme Court. Learned counsel,
during the course of his submission would refer to first of the decisions passed
by this Court as early as on 01.12.2016 in W.P.(MD) No.11106 of 2013 in the
case of one Murugan, who was working as a Driver in the respondent
department. A learned single Judge of this Court has allowed the Writ Petition
filed by him and directed regularisation of the service from the date of
completion of 10 years with all benefits. As against the order of the learned
single Judge, a Writ Appeal was filed in W.A.(MD) No.686 of 2017 and the
Division Bench dismissed the same vide order dated 12.07.2017. As against
which, a Special Leave Petition was filed and the same was also dismissed by
the Hon'ble Supreme Court on 04.09.2018.
4. The learned counsel would also refer to another order passed by this
Court on 04.09.2017 in W.P.Nos.19456 to 19458 of 2013, wherein, after
following the earlier orders passed by this Court, the Writ Petitions were
allowed, as could be seen from the operative portion of the order reading as
follows:
6. Upon notice, learned Additional Government Pleader entered
appearance and submitted that the petitioners herein are not entitled to
regularisation since they had not completed ten years of service as on
01.01.2006, in terms of G.O.Ms.No.22 of P & A R Department, dated
01.01.2006.
7. At this, the learned counsel appearing for the petitioners would
submit that the said objection was also raised in respect of the other
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W.P. No.7329 of 2020
driver who was approached this Court earlier in W.P. (MD) No.11106 of
2013 and this Court in the said order dated 01.12.2016, had repulsed and
over ruled such argument stating that the petitioner therein was entitled
to regularisation on completion of ten years of service from the date of his
initial appointment. The learned counsel for the petitioner would further
submit the order passed by the learned Single Judge was confirmed in
W.A.(MD) No.686 of 2017, vide order dated 12.07.2017.
8. Since the petitions herein are squarely covered by the order
passed by this Court as aforesaid, this Court cannot take a different view
in the matter. Moreover, the objection raised by the learned counsel
appearing for the respondents was considered and over ruled and
therefore, the similar objection which is raised by the learned counsel for
the respondents cannot not be entertained as being valid and substantive.
9. In view of the above submissions, this Court has no hesitation
in allowing these writ petitions and the impugned order passed by the
first respondent dated 09.05.2013, insofar as the two petitioners are
concerned, are set aside and all the petitioners are directed to be
regularised from the date of completion of ten years from the date of
initial appointment with all attendant and consequential benefits. The
direction shall be complied with by the first respondent within a period of
two months from the date of receipt of a copy of this order.
10. With the above direction, the writ petitions are allowed. No
costs. Consequently, connected miscellaneous petitions are closed.
5. Subsequently, another order was passed on 15.12.2016 in
W.P.No.22740 of 2010 allowing similar claim. As against the said order, Writ
Appeal in W.A.No.2796 of 2018 has been filed, which was dismissed by the
Division Bench vide order dated 02.01.2019.
6. The learned counsel would also refer to two Government Orders, viz.,
G.O.Ms.No.03, Environment and Forest Department dated 11.01.2019 and
G.O.Ms.No.48, Environment and Forest Department dated 27.05.2019, wherein
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W.P. No.7329 of 2020
orders of this Court have been implemented and the services of the petitioners
therein were regularised.
7. The learned counsel finally would submit that even recently in a batch
of Writ Appeals in W.A.Nos.391 of 2020 etc. batch, vide order dated
13.03.2020 a Division Bench of this Court disposed all the Writ Appeals as
follows:
4. Thus, the correctness or otherwise of the directions for
regularization have already been tested by a Division Bench and the order of
the learned Single Judge has been confirmed. In the aforesaid three appeals,
the State has preferred a Special Leave Petition before the Apex Court, being
S.L.P.(C).No.39233 of 2019, in which notice has been issued on 29.11.2019.
5. The learned Additional Advocate General, on instructions, very fairly
states that the issue raised before the Apex Court is being pressed insofar as
it relates to the date of applicability of the regularization inasmuch as all
such employees are claiming regularization from the date of the initial
appointment and other benefits, whereas they have been given the benefits
from the date of regularization after being regularized.
6. His contention, therefore, is that the issue as to from which date will they
get the benefit of regularization, is the issue engaging the attention of the
Apex Court.
7. We have considered the submissions raised and we find no reason to differ
from the view taken by the Division Bench while confirming the judgment of
the learned Single Judge, issuing directions for regularization. But, insofar
as the date from which such regularization will be given effect to being sub-
judice before the Apex Court, we direct that the respondents/petitioners shall
be regularized and so far as the date of regularization is concerned, the
same will be governed by the outcome of the judgment of the Apex Court.
8. The learned Additional Advocate General, on instructions, states that the
respondents/petitioners will be regularized and the regularization orders
will be issued within four weeks from the date of production of a copy of this
order. We record this and direct accordingly.
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W.P. No.7329 of 2020
9. The Writ Appeals stand disposed of. No costs. Connected civil
miscellaneous petitions are closed
8. In pursuance of the aforesaid directions of the Division Bench,
recently, G.O.Ms.No.8 Environment and forest (FR2-II) Department dated
22.01.2021 was issued regularising the services of the petitioners in the
aforesaid Writ Petitions. According to the learned counsel, since the services of
all the daily wage drivers have been regularised after repeated orders/directions
of this court, the present petitioner's case which is identical to the case of the
petitioners in the above mentioned Writ Petitions/Writ Appeals may be allowed
on similar lines.
9. Mr.L.S.M.Hasan Fazal, learned Additional Government Pleader
appearing for the respondents has no quarrel with the decisions of this Court as
mentioned above consistently granting the benefit of regularisation of the
persons working in the respondent Department like the petitioner. The learned
Additional Government Pleader would graciously admit that the issue raised in
the Writ Petition is also covered by the above decisions.
10. In view of the fact that decisions granting relief to the similarly
placed persons like the petitioner herein with respect to the same ......, the
present Writ Petition is also allowed directing the respondents to regularise the
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W.P. No.7329 of 2020
services of the petitioner on par with the other similarly placed persons whose
services have been regularised with all consequential and monetary benefits as
given to other persons.
The respondents shall pass appropriate orders in this regard within a
period of four (4) weeks from the date of receipt of a copy of this order. No
costs.
10.12.2021
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Index:Yes/no
speaking/non-speaking order
To
1. The Government of Tamil Nadu
rep. By its Secretary to Government,
Environment and Forest Department,
Secretariat, Chennai – 600 009.
2. The Member Secretary,
Environment Management Agency of Tamil Nadu,
Saidapet, Chennai – 600 015.
https://www.mhc.tn.gov.in/judis
W.P. No.7329 of 2020
V.PARTHIBAN,J.
Sl
W.P. No.7329 of 2020
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W.P. No.7329 of 2020
10.12.2021
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