Madras High Court
The Principal Secretary To ... vs V.Muthuramalingam on 7 July, 2021
W.A.No.1554 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A.No.1554 of 2021 and C.M.P.No.9798 of 2021
(Heard through VC)
1. The Principal Secretary to Government,
Animal Husbandry, Dairying and Fisheries
(AH6) Department,
Government of Tamil Nadu,
Fort St.George, Chennai 600 009.
2. The Director of Animal Husbandry and
Veterinary Services,
DMS Complex, Chennai 600 006.
3. The Regional Director of Animal Husbandry,
Thanjavur Region, Thanjavur 613 001.
4. The Deputy Director of Animal Husbandry,
Exotic Cattle Breeding Farm,
Etchankkottai, Orathanadu Taluk,
Thanjavur District - 614 902 .. Appellants
Vs.
V.Muthuramalingam .. Respondent
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W.A.No.1554 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the
order dated 12.12.2019 passed in W.P.No.692 of 2018 and allow this writ
appeal.
***
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.S.Gunasekaran
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The Writ Appeal is directed against the order dated 12.12.2019
passed by the learned Single Judge in W.P.No.692 of 2018, wherein the
respondent/writ petitioner had challenged the proceedings of the first
appellant dated 07.12.2017 rejecting his request to regularize his service in
the Animal Husbandry Department.
2. It is not in dispute that the respondent herein had been working
with the fourth appellant from the year 1986. There seems to be an oral
termination in the year 1992, which was challenged by raising an Industrial
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W.A.No.1554 of 2021
Dispute before the Labour Court, Cuddalore in I.D.No.153 of 1993 and it
was decided in favour of the respondent on 18.12.1997. The Labour Court
directed to reinstate the petitioner with back wages with effect from
01.04.1992. Accordingly, the petitioner was reinstated by the fourth
appellant on 24.09.2010, in compliance with the orders of the Labour Court.
3. It is pointed out by the respondent/writ petitioner that persons
placed similarly like that of the respondent / writ petitioner, had been
regularized by relaxing the recruitment Rules as per G.O.Ms.No.17 dated
03.02.2004. It is also pointed out that, out of the total sanctioned strength to
the post of Animal Husbandry Assistants, there are several posts lying
vacant and the respondent can easily be accommodated and his services can
be regularized.
4. Though it is argued by the learned State Government Counsel
appearing for the appellants that, however long the employment may be, he
cannot be regularized and the respondent cannot claim it as a matter of right
to be appointed as Animal Husbandry Assistant, the learned Single Judge,
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W.A.No.1554 of 2021
after considering the arguments made on either side, had allowed the Writ
Petition by quashing the impugned order.
5. We have given our anxious consideration to the facts.
6. Admittedly, the respondent was engaged by the appellants in
the year 1986 and was terminated in the year 1992 and an Industrial Dispute
raised was decided in his favour and the order was implemented by the
fourth appellant. In G.O.Ms.No.17 dated 03.02.2004 referred above, the
Government had relaxed the recruitment Rules insofar as 804 persons to be
appointed as Animal Husbandry Assistants and the respondent herein alone
cannot be treated differently. Pursuant to the said G.O, G.O.Ms.No.117
dated 28.08.2008 was also passed for regularizing the services of the Casual
Laborers and taking them on regular basis as Animal Husbandry Assistants.
7. Therefore, having extracted the work from the respondent/writ
petitioner since 1986, it would be unfair, if his services are not regularized
even at the verge of his retirement.
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W.A.No.1554 of 2021
8. Therefore, we see no infirmity in the order of the learned
Single Judge. Accordingly, the Writ Appeal is dismissed. No costs.
Consequently C.M.P is closed.
[P.S.N. J.] [S.K.J.]
07.07.2021
Index : Yes / No
Internet : Yes/No
srn
1. The Principal Secretary to Government,
Animal Husbandry, Dairying and Fisheries
(AH6) Department,
Government of Tamil Nadu,
Fort St.George, Chennai 600 009.
2. The Director of Animal Husbandry and
Veterinary Services,
DMS Complex, Chennai 600 006.
3. The Regional Director of Animal Husbandry,
Thanjavur Region, Thanjavur 613 001.
4. The Deputy Director of Animal Husbandry,
Exotic Cattle Breeding Farm,
Etchankkottai, Orathanadu Taluk,
Thanjavur District - 614 902
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W.A.No.1554 of 2021
PUSHPA SATHYANARAYANA, J.
and
S.KANNAMMAL, J.
srn
W.A.No.1554 of 2021
and C.M.P.No.9798 of 2021
07.07.2021
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