Madras High Court
The Secretary To Government vs P.Kamalakannan on 13 July, 2021
W.A.No.1620 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.1620 of 2017
and
C.M.P.No.21158 of 2017
(Heard through VC)
1. The Secretary to Government,
Agriculture Department,
Fort St.George, Chennai 600 009.
2. The Director of Agriculture,
Chepauk, Chennai 600 005.
3. The Joint Director of Agriculture,
Tiruvannamalai,
Tiruvannamalai District.
4. The Assistant Director of Agriculture,
Vandavasi, Tiruvannamalai District. .. Appellants
Vs.
P.Kamalakannan .. Respondent
***
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W.A.No.1620 of 2017
Prayer: Writ Appeal filed under Clause 15 of Letter Patent to allow the
Writ Appeal and set aside the order dated 20.08.2014 made in
W.P.No.23676 of 2011.
***
For Appellant : Mr.R.Neelagandan
State Government Counsel
For Respondent : Mr.S.Mahaveer Shivaji
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The Writ Appeal is directed against the order dated 20.08.2014
passed by the learned Single Judge in W.P.No.23676 of 2011.
2. The Government is the appellant herein. Originally, the Writ
Petition was filed challenging the order dated 20.01.2011 passed by the
third appellant herein and seeking a direction to fix Special Time Scale of
Pay and regularize the respondent herein / petitioner as per G.O.Ms.No.385,
Finance (Salaries) Department, dated 01.10.2010.
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W.A.No.1620 of 2017
3. After contest, the Writ Petition was allowed on the following
terms:
" With regard to the regularisation, in case, the persons
similarly placed like the petitioner, or his juniors are
regularised in services, the services of the petitioner should
be regularised with effect from the date of immediate junior
or counter part, was regularised and all the notional benefits
should be extended to the petitioner. Since the petitioner has
approached this Court after nearly three decades, he is not
entitled to any monetary benefits, from the date of
appointment, till the date of the above said Government
Order."
4. Subsequent to the order passed by the learned Single Judge,
G.O (D) No.224, Agriculture Department, dated 24.08.2015 was issued,
which is as follows:-
"vdnt. jpdf;Typ mog;gilapy; Sweeper / Scavenger
Mf gzpahw;wp tUk; jpU/bgh/fkyf;fz;zd; mth;fs; bjhLj;j
tHf;fpy; khz;gk[ pF brd;id cah;ePjpkd;wk; tH';fpa jPh;g;gpd;
mog;gilapYk; murhiz (epiy) vz;.385. epjpj; (Cjpag;gphpt)[
Jiw. ehs; 01/10/2010d; mog;gilapYk;. ntshz;ik ,af;Fehpd;
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W.A.No.1620 of 2017
braw;Fwpg;g[ murhy; Ma;t[ bra;ag;gl;lJ/ Ma;tf[ ;Fg;gpd;.
ntshz;ik ,af;Fehpd; braw;Fwpgg; pid Vw;W. nkw;Twg;gl;l
murhuizapdg; o ntshz;ikj; Jiwapy; jpdf;Typ mog;gilapy;
Sweeper / Scavenger Mf gzpg[hpe;J tUk;
jpU/bgh/fkyf;fz;zd; vd;gtiu Sweeper / Scavenger
gzpaplj;jpy; rpwg;g[ fhyKiw Cjpaj;jpy; (Special Time Scale
of Pay) U:/1300-3000+ju Cjpak; U:/300-- vd;w Cjpa
tpfpjj;jpy; brd;id ntshz;ik ,af;Feufj;jpy; fhypahf cs;s
Sweeper / Scavenger gzpaplj;jpy; 15/09/2010 Kjy; gzpepakdk;
bra;Jk;. md;W Kjy; gzptud;Kiw bra;Jk;. gzg;gyd;fis
Miz btspaplg;gLk; ehs; Kjy; tH';fyhk; vdt[k;. Kot[
bra;J mt;thnw muR MizapLfpwJ/"
5. After the above said Government Order was passed, the Writ
Petitioner had acknowledged that he has joined the Office of the Directorate
of Agriculture as Sweeper / Scavenger from 31.08.2015 F.N. He has also
mentioned that his joining in the Office of the Directorate of Agriculture is
subject to the result of the Writ Appeal.
6. The learned State Government Counsel appearing for the
appellants has also produced the communication from the Directorate of
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W.A.No.1620 of 2017
Agriculture, Chepauk, Chennai dated 12.07.2021, as per which, the Writ
Petitioner was regularised from 31.08.2015 and he has been paid the
appropriate salary up to date.
7. Recording the same, the Writ Appeal is closed. No costs.
Consequently the connected miscellaneous petition is closed.
[P.S.N. J.] [K.R.J.]
13.07.2021
Index : Yes / No
Internet : Yes/No
srn
To
1. The Secretary to Government,
Agriculture Department,
Fort St.George, Chennai 600 009.
2. The Director of Agriculture,
Chepauk, Chennai 600 005.
3. The Joint Director of Agriculture,
Tiruvannamalai,
Tiruvannamalai District.
4. The Assistant Director of Agriculture,
Vandavasi, Tiruvannamalai District.
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W.A.No.1620 of 2017
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A.No.1620 of 2017
and
C.M.P.No.21158 of 2017
13.07.2021
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