Madras High Court
D.Sathiavel vs The Secretary To Government Of ... on 5 September, 2022
WP No.25848 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05-09-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.25848 of 2016
1.D.Sathiavel
2.M.A.Subramanian
3.P.Jagadeesan
4.G.Vithyasekar
5.D.Sudakar .. Petitioners
vs.
1.The Secretary to Government of Tamil Nadu,
Highways Department,
Secretariat,
Chennai – 600 009.
2.The Chief Engineer (General),
Highways Department,
Secretariat,
Chennai – 600 009.
3.Joint Director (Administrative),
Director General Office,
Highways Department C&M,
Chepauk,
Chennai – 600 005.
1/8
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WP No.25848 of 2016
4.The Divisional Engineer,
Highways Department (C&M),
Vellore-14.
5.The Divisional Engineer,
Highways Department (C&M),
Chengalpattu,
Kancheepuram District. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents
to appoint the petitioners herein in the existing or future vacancies as Gang
Mazdoors in regular time scale of pay in light of the orders passed by this
Court in WP No.14617 of 2012 dated 13.06.2012, which was upheld by the
Division Bench of this Court in WA No.685 of 2013 dated 25.03.2013 and
confirmed by the Hon'ble Supreme Court in C.C.No.16368-16370 of 2013
dated 07.05.2013.
For Petitioners : Ms.Thenmozhi Shiva Perumal
For Respondents : Mr.K.H.Ravikumar,
Government Advocate.
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WP No.25848 of 2016
ORDER
The Writ of Mandamus has been instituted directing the
respondents to appoint the petitioners in the existing or future vacancies as
Gang Mazdoors in the regular time scale of pay.
2. The petitioners were engaged as daily wage employees
(NMRs) from the year 1992 onwards.
3. The contentions of the writ petitioners are that they have
completed 480 days of service within a continuous period of 24 calendar
months and therefore, they are entitled to be made permanent under the
provisions of the Tamil Nadu Industrial Establishments (Conferment of
Permanent Status to Workmen) Act, 1981.
4. The Government also took a policy to regularise the services
of the daily rated employees as regular employees in the permanent
establishment. Based on the Government Order issued in G.O.Ms.No.22 of
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WP No.25848 of 2016
the year 2006, several such similarly placed daily rated employees were
regularised in the sanctioned post in the time scale of pay. However, the
said benefit was not extended to the writ petitioners. Thus, the writ
petitioners are constrained to move the present writ petition.
5. As far as the contentions raised on behalf of the writ
petitioners that they are entitled to be made permanent under the provisions
of the Tamil Nadu Industrial Establishments (Conferment of Permanent
Status to Workmen) Act, 1981 and the said Act is exempted for the
Government appointments. The Conferment of Permanent Status Act, would
not be applicable in respect of the cadre posts in the Government
Departments.
6. That apart, if at all even in cases where the daily rated
employees claiming permanent status have to approach the Competent
Authority under the Act. Therefore, the said ground raised by the writ
petitioners is of no avail to them.
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WP No.25848 of 2016
7. As far as the grant of regularisation of permanent absorption
is concerned, the same cannot be granted in violation of the Recruitment
Rules in force. No doubt, the Government issued G.O.Ms.No.22 of the year
2006, to grant the benefit of the regularisation in respect of the daily wage
employees were of 10 years of service. However, the said Government
Order was cancelled by the Government and subsequently a revised
Government Order was issued in G.O.Ms.No.74, Personnel and
Administrative Reforms Department, dated 27.06.2013. Thus, the
employees, who have complied with the terms and conditions stipulated in
the Government Order issued in G.O.Ms.No.74, dated 27.06.2013, were
considered for regularisation and permanent absorption.
8. In respect of the irregular and illegal appointments, the
benefit of regularisation cannot be granted in view of the principles laid
down by the Constitution Bench of the Hon'ble Supreme Court of India in
the case of Secretary, State of Karnataka vs. Uma Devi [2006 (4) SCC
1].
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WP No.25848 of 2016
9. That apart, the petitioners were engaged as daily rated
employees and they were not recruited by following the Recruitment Rules.
Thus, the initial appointment of the writ petitioners were irregular and thus
they are not entitled for the benefit of regularisation.
10. In respect of the grounds raised that the similarly placed
persons were considered, the Courts are repeatedly held that such similar
orders passed, cannot be followed as a precedent and the Constitution
Bench also reiterated in paragraph-54 of the judgment that the Government
Orders and the judgments of the Courts, are running counter to the
principles laid down by the Constitution Bench have denuded to lose its
status as precedents and thus the said orders of the Court and the
Government Orders, cannot be followed as precedents.
11. As of now, the benefit of regularisation and permanent
absorption are to be granted strictly in accordance with the Rules in force
and the back door appointments can never be regularised in view of the
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WP No.25848 of 2016
principles laid down by the Courts and the Government also issued revised
orders not granting the benefit of regularisation in respect of the irregular
and illegal appointments.
12. This being the facts and circumstances, the relief as such
sought for in the present writ petition to direct the respondents to regularise
the services of the writ petitioners, cannot be considered.
13. Thus, the writ petition is devoid of merits and stands
dismissed. However, there shall be no order as to costs.
05-09-2022
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
To
1.The Secretary to Government of Tamil Nadu,
Highways Department,
Secretariat,
Chennai – 600 009.
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WP No.25848 of 2016
S.M.SUBRAMANIAM, J.
Svn
2.The Chief Engineer (General),
Highways Department,
Secretariat,
Chennai – 600 009.
3.Joint Director (Administrative),
Director General Office,
Highways Department C&M,
Chepauk,
Chennai – 600 005.
4.The Divisional Engineer,
Highways Department (C&M),
Vellore-14.
5.The Divisional Engineer,
Highways Department (C&M),
Chengalpattu,
Kancheepuram District. WP 25848 of 2016
05-09-2022
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