Madras High Court
Government Of Tamil Nadu vs G.Babu on 15 July, 2021
W.A. No.622 of 2021 and
C.M.P. No.2757 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.622 of 2021
and
C.M.P. No.2757 of 2021
1. Government of Tamil Nadu,
Represented by Secretary to Government,
Environment and Forest Department,
Secretariat, Chennai - 600 009.
2. The Principal Chief Conservator of Forests,
Head of the Forest Department,
Panagal Maaligai,
Saidapet, Chennai 600 015 ... Appellants
vs
G.Babu ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent to set aside
the order dated 22.08.2019 passed in W.P.No.19575 of 2019 on the file of
this Court.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 6
W.A. No.622 of 2021 and
C.M.P. No.2757 of 2021
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.T.Dharani
JUDGMENT
(Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.)
This Writ Appeal is directed against the order dated 22.08.2019
passed by the learned Single Judge in W.P.No.19575 of 2019, wherein, the
writ petitioner had sought for a direction to the appellants to regularize the
service of the petitioner as Driver from the date of initial appointment with
all consequential service and monetary benefits.
2. The said Writ Petition was allowed. Aggrieved by the said order
directing the appellants to regularize the service of the writ petitioner, the
above Writ appeal has been filed by the State.
3. In identical case, this Court had passed an order dated 30.06.2021
in W.A.Nos.1475 and 1477 of 2021 which reads as follows:-
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W.A. No.622 of 2021 and
C.M.P. No.2757 of 2021
"3. The learned State Government Counsel
appearing for the appellants has produced a copy
of the order passed by the First Bench of this Court
in a batch of Writ Appeals in W.A.Nos.391 of 2020
etc., dated 13.03.2020, wherein, in paragraphs 7
and 8, it has been held as follows:-
" ...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.A. No.622 of 2021 and
C.M.P. No.2757 of 2021
4. Pursuant to the said order passed in
W.A.No.391 of 2020 etc., dated 13.03.2020,
G.O.(Ms).No.8, Environment and Forests (FR.2-II)
Department, dated 22.01.2021 was passed
implementing the same by regularizing the service
of the writ petitioners therein. The same benefit will
have to be given to the writ petitioners in these
cases also.
5. In the light of the above said G.O., this
Writ appeals are disposed of on the same terms.
The first appellant is hereby directed to accept the
proposal and regularize the service of the
respondents/writ petitioners, within a period of four
weeks from the date of receipt of a copy of this
judgment. Consequently, connected miscellaneous
petitions are closed. No costs.
4. In view of the earlier order passed in W.A.Nos.1475 and 1477
of 2021 dated 30.06.2021, following the order passed by the Division
Bench of this Court in W.A.No.391 of 2020 etc.,batch dated 13.03.2020
and in the light of the above said G.O(Ms)No.8, dated 22.01.2021, this
Court directs the second appellant to pass orders with regard to
regularization of the service of the respondent/writ petitioner, within a
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W.A. No.622 of 2021 and
C.M.P. No.2757 of 2021
period of four weeks from the date of receipt of a copy of this judgment.
5. Accordingly, the Writ Appeal is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
15.07.2021
Index : Yes/No
Internet : Yes/No
srn
To
1. The Secretary to Government,
Government of Tamil Nadu,
Environment and Forest Department,
Secretariat, Chennai - 600 009.
2. The Principal Chief Conservator of Forests,
Head of the Forest Department,
Panagal Maaligai,
Saidapet, Chennai 600 015
https://www.mhc.tn.gov.in/judis/
W.A. No.622 of 2021 and
C.M.P. No.2757 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A. No.622 of 2021 and
C.M.P. No.2757 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
