Madras High Court
Tamil Nadu Thozil Nutpa vs The Executive Engineer on 21 June, 2021
W.A.No.2555 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.2555 of 2018
and C.M.P.No.20592 of 2018
1.Tamil Nadu Thozil Nutpa
Kalappaniyalar Sangam,
(Regd No.187/TVR2004),
No.4/30,D-II Street,
Ma.Po.Si.Nagar, Thiruvallur District,
Rep. by its General District Secretary,
Thiru C.Ramakrishnan
2.M.Natarajan .. Appellants
Vs
1.The Executive Engineer,
Krishna Water Supply Projects
(KWSP) Division No.1
Public Works Department, W.R.O.,
Chepauk, Chennai - 600 005.
2.The Executive Engineer,
Krishna Water Supply Projects
(KWSP) Division No.1
Public Works Department, W.R.O.,
Chepauk, Chennai - 600 005.
3.The Superintending Engineer,
Palar Project,
Public Works Department, W.R.O.,
Chepauk, Chennai - 600 005. .. Respondents
Page 1 of 5
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W.A.No.2555 of 2018
Appeal filed under Clause 15 of Letters Patent against the order
dated 11.10.2017 made in W.P.No.26599 of 2012.
For Appellants : Mr.P.Ganesan
For Respondents : No appearance
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred against the order of the learned
Single Judge, who while confirming the order impugned, dismissed the
writ petition on the ground that the Scheme having been completed
and in the absence of right vested, the relief sought for cannot be
granted.
2. Learned counsel appearing for the appellants submitted that
though they are appointed as Non Muster Roll employees, they should
have been continued with the employment on consolidated pay.
Reliance has been made on Government Order (Standing) No.26
dated 01.03.2012 issued by the High Ways and Minor Harbors (H.M.2)
Department.
3. We do not find any reason to interfere with the order of the
learned Single Judge. The Government Order relied upon was in
https://www.mhc.tn.gov.in/judis/
W.A.No.2555 of 2018
compliance of the order passed by this Court and, therefore, even the
said order shall not be quoted as a precedent. As per the law
governing the field in Uma Devi's case, the employment made by way
of back door entry on a casual temporary basis can never create an
interest in favour of such appointee. Admittedly, the members of the
first appellant's association have not completed ten years on the date
of the aforesaid judgment of the Constitution Bench. Thus, as rightly
held by the learned Single Judge, there is no right vested with them.
4. In such view of the matter, we do not find any error in the
order passed by the learned Single Judge warranting interference and
the writ appeal stands dismissed. No costs. Consequently, the
connected miscellaneous petition is closed. However, we make it clear
that the continuation of employment on temporary basis as NMRs will
not be a bar if such a necessity exists notwithstanding the order
passed by us.
(M.M.S., J.) (R.N.M., J.)
21.06.2021
Index:Yes/No
mmi/ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.2555 of 2018
To
1.The Executive Engineer,
Krishna Water Supply Projects
(KWSP) Division No.1
Public Works Department, W.R.O.,
Chepauk, Chennai - 600 005.
2.The Executive Engineer,
Krishna Water Supply Projects
(KWSP) Division No.1
Public Works Department, W.R.O.,
Chepauk, Chennai - 600 005.
3.The Superintending Engineer,
Palar Project,
Public Works Department, W.R.O.,
Chepauk, Chennai - 600 005.
https://www.mhc.tn.gov.in/judis/
W.A.No.2555 of 2018
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.2555 of 2018
21.06.2021
https://www.mhc.tn.gov.in/judis/
