Madras High Court
S.Saravanan vs The State Of Tamil Nadu on 29 June, 2021
W.A.(MD)No.1569 of 2018 and W.P.(MD) No.15128 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1569 of 2018
and W.P.(MD) No.15128 of 2018
and C.M.P.(MD) Nos.11227 and 11228 of 2018 in W.A.(MD)No.1569 of 2018
and W.M.P.(MD) No.13698 of 2018 in W.P.(MD) No.15128 of 2018
W.A.(MD)No.1569 of 2018:
S.Saravanan ... Appellant/Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by the Secretary,
Department of Animal Husbandry and
Veterinary Services,
Secretariat, St. George Fort,
Chennai – 9.
2.The Director,
Department of Animal Husbandry and
Veterinary Services,
No.571, Annasalai, Nanthanam,
Chennai – 35.
3.The Deputy Director,
O/o. Deputy Director Livestock Farm,
Animal Husbandry and Veterinary Services,
Chettinad Post, Karaikudi Taluk,
Sivagangai District. ... Respondents/Respondents
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W.A.(MD)No.1569 of 2018 and W.P.(MD) No.15128 of 2018
Prayer : Appeal filed under Clause 15 of the Letters Patent against the order
passed by this Court in W.P.(MD)No.18618 of 2018, dated 27.08.2018.
For Appellant : Mr.I.Pinaygash
For Respondents : Mr.R.Baskaran
Standing Counsel for Government
W.P.(MD)No.15128 of 2018:
S.Saravanan ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by the Secretary,
Department of Animal Husbandry and
Veterinary Services,
Secretariat, St. George Fort,
Chennai – 9.
2.The Director,
Department of Animal Husbandry and
Veterinary Services,
No.571, Annasalai, Nanthanam,
Chennai – 35.
3.The Deputy Director,
O/o. Deputy Director Livestock Farm,
Animal Husbandry and Veterinary Services,
Chettinad Post, Karaikudi Taluk,
Sivagangai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, calling for the
records pertaining to the Impugned Order in Na.Ka.No.16526/No.1/2018 dated
24.05.2018 on the file of the Respondent No.2 and quash the same as illegal and
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W.A.(MD)No.1569 of 2018 and W.P.(MD) No.15128 of 2018
consequently to issue direction directing the Respondents to regularize the
appointment of the Petitioner as Animal Husbandry Assistant (Kalnadai
Paramarippu Uthaviyalar) in the light of G.O.Ms.No.134 dated 12.11.2009
(Animal Husbandry Dairying and Fisheries (AH-6) Department) on completion
of 10 years service with all consequential benefits.
For Petitioner : Mr.I.Pinaygash
For Respondents : Mr.R.Baskaran
Standing Counsel for Government
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by T. S. SIVAGNANAM, J.)
Heard Mr.I.Pinaygash, learned counsel for the appellant and the writ
petitioner and Mr.R.Baskaran, learned Standing Counsel for Government,
appearing for respondents.
2.The appellant has filed W.A.(MD) No.1569 of 2018, challenging the
order of the learned Single Bench dated 27.08.2018, in W.P.(MD) No.18618 of
2018, which was filed to forbear the respondent No.3 from terminating the
petitioner without following the due process of law. The appellant has also filed
W.P.(MD) No.15128 of 2018, seeking to quash the order of the second
respondent dated 24.05.2018, in Na.Ka.No.16526/No.1/2018 and a
consequential direction upon the Respondents to regularize the appointment of
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1569 of 2018 and W.P.(MD) No.15128 of 2018
the Petitioner as Animal Husbandry Assistant (Kalnadai Paramarippu
Uthaviyalar) in the light of G.O.Ms.No.134 dated 12.11.2009 (Animal
Husbandry Dairying and Fisheries (AH-6) Department) on completion of 10
years service with all consequential benefits.
3.The appellant would state that there is no valid reason to exclude
the appellant from getting the benefits of the said Government Order as he has
been working under the Department as daily wager from 1995 onwards. In this
regard a copy of the order 21.11.1995 is pressed into service. The learned Writ
Court has dismissed the Writ Petition on the ground that there is no proof to
show that he has worked under the direct employment of the department, for
which purpose, he has to approach the Labour Court. Challenging the same,
W.A.(MD) No.1569 of 2018 has been filed. Parallelly, he submitted a
representation to regularize his service, which was rejected by order dated
24.05.2018. Challenging the same W.P.(MD) No.15128 of 2018 has been filed.
4.Learned Standing Counsel for the Government submitted that the
appellant was not under the direct employment of the Department but employed
under a Scheme, which is evidently clear under the proceedings dated
28.11.1995. The scheme came to an end and thereafter, the services of the Self
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W.A.(MD)No.1569 of 2018 and W.P.(MD) No.15128 of 2018
Help Group was brought in 2007 and the appellant was engaged by the Self
Help Group on a daily wage basis and when G.O.Ms.No.134, Animal
Husbandry Dairying and Fisheries (AH-6) Department, dated 12.11.2009, was
issued since the appellant has not completed 10 years of service as on
01.01.2006, the benefit of the Government Order was not extended to the
appellant.
5.Considering the above facts and after elaborately hearing the
learned counsel for the parties, we are of the view that unless the appellant
establishes the fact that he was under the direct employment of the Department,
the appellant's case cannot be considered. This involves adjudication into
factual issues as the claim of the appellant has been disputed by the
respondents. This is also the reason assigned by the learned Writ Court for not
granting the relief sought for by the appellant. When the appellant claims that
he is continuously working under the respondent Department, he has to
establish the said fact by adducing oral and documentary evidence. This
exercise cannot be done in the Writ Court. Therefore, we find no merit in the
Writ Petition and the same was rightly dismissed by the learned Writ Court.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1569 of 2018 and W.P.(MD) No.15128 of 2018
6.Accordingly, W.A.(MD) Nos.1569 of 2018 stands dismissed.
Consequently, W.P.(MD) No.15128 of 2018 also stands dismissed. No costs.
Consequently, the connected Miscellaneous Petitions in the Writ Appeal and the
Writ Petition are also dismissed.
7.However, we are inclined to grant liberty to the appellant to
approach the Labour Court. In the event, the appellant approaches the Labour
Court, the said Court shall decide the matter based on oral and documentary
evidence uninfluenced by any of the observations made by us in this common
judgment or the observations made by the Writ Court.
8.During the pendency of the Writ Appeal, the appellant had the
benefit of interim order and direction issued to the respondents not to disengage
the services of the appellant and continue to employ him on daily wages till the
disposal of the Writ Appeal. Since the appellant is a daily wager and claims to
be working continuously in the respondent department for decades, if he is
disengaged from the service of the respondent Department he will be put to
great prejudice. Therefore, if the appellant raises a dispute before the Labour
Court within four months from the date of receipt of a copy of this order, the
respondents shall continue to engage the appellant on daily wage basis,
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W.A.(MD)No.1569 of 2018 and W.P.(MD) No.15128 of 2018
provided if the appellant fails to raise the dispute before the Labour Court
within four months, the above interim protection shall stand vacated
immediately without any further reference to this Court.
Index :Yes/No [T.S.S., J.] [S.A.I., J.]
Internet :Yes/No 29.06.2021
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
To
1.The Secretary,
Department of Animal Husbandry and
Veterinary Services,
State of Tamil Nadu,
Secretariat, St. George Fort,
Chennai – 9.
2.The Director,
Department of Animal Husbandry and
Veterinary Services,
No.571, Annasalai, Nanthanam,
Chennai – 35.
3.The Deputy Director,
O/o. Deputy Director Livestock Farm,
Animal Husbandry and Veterinary Services,
Chettinad Post, Karaikudi Taluk,
Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1569 of 2018 and W.P.(MD) No.15128 of 2018
T. S. SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
W.A.(MD)No.1569 of 2018
and W.P.(MD) No.15128 of 2018
29.06.2021
https://www.mhc.tn.gov.in/judis/
