Madras High Court
The Commissioner vs J.Murugan on 7 July, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.66 of 2014
and
M.P.(MD)No.1 of 2014 and 1 & 2 of 2015
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Chennai.
2.The Joint Commissioner,
Executive Officer,
Arulmighu Subramania Swami Thirukovil,
Tiruchendur,
Tuticorin District. ...Appellants
/Vs./
J.Murugan ...Respondent
PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
set aside the order dated 25.04.2013 in W.P.(MD)No.4263 of 2013 on the
file of this Court and allow this appeal.
1/8
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For Appellants : Mr.S.P.Maharajan
Special Government Pleader
For Respondent : Mr.B.Brijesh Kishore
JUDGMENT
(Judgment of the Court was made by R.VIJAYAKUMAR, J.)
The respondents in the writ petition are the appellants in the
present appeal.
2.The writ petitioner filed this writ petition challenging the
order refusing to regularize his services as Assistant Electrical Wireman
in the respondent temple. According to the writ petitioner, he joined in
service on 01.05.2008 on daily wages basis and he was working as an
Assistant Wireman. He made a representation to regularize his services
from the date of his initial appointment. However, citing G.O.Ms.No.
255, Tamil Development, Religious Endowments and Information
Department, dated 28.06.2010, his request for regularization was
rejected. Challenging the same, he had filed writ petition.
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3.In the counter, the second respondent contended that the
temple had recommended for absorption of 10 persons apart from the
writ petitioner. Since he was not having the required qualification, his
name was not considered for regularization but others were regularised.
The writ Court after considering G.O.Ms.No.255, dated 28.06.2010 had
arrived at a finding that the other 10 persons are also not qualified for
appointment as Assistant Electrical Wireman as per the said Government
Order and only the petitioner has been discriminated. The Writ Court
further found that the petitioner was holding Helper Certificate issued by
the Tamil Nadu Electricity Board and he is entitled to be appointed as
Assistant Electrical Wireman like others.
4.The learned Single Judge had directed the respondent to pass
appropriate orders approving the appointment of the petitioner either as
Assistant Electrical Wireman or Air Conditioner Operator within a period
of four weeks from the date of receipt of a copy of that order. This order
is under challenge in the present writ appeal.
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5.According to the learned Special Government Pleader
appearing for the appellants, as per G.O.Ms.No.255, dated 28.06.2010, a
person should possess Industrial Training Institute (ITI) certificate in
Electrical Trade issued by the Government or Government recognized
institution for the post of Assistant Electrical Wireman and Industrial
Training Institute (ITI) certificate in Wireman Trade issued by the
Government or Government recognized institution for the post of helper.
The writ petitioner is not holding any certificate from Industrial Training
Institute. He is holding a certificate issued by the Tamil Nadu Electricity
Board, which is not a recognized one as per the Government Order.
6.He further contended that when the orders of regularization
were passed in favour of other ten persons, they were holding certificates
from the government recognized ITI. Therefore, the name of the writ
petitioner was not considered for regularization. He further pointed out
that the learned Single Judge has not considered the fact that the writ
petitioner was not possessing any qualification on the date, when he
sought for regularization of his services.
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7.Per contra, the learned counsel for the writ
petitioner/respondent had submitted that out of the other 10 persons,
whose services were regularised, three of them were junior to the writ
petitioner and some of them were not possessing the required
qualification as per the government order, dated 28.06.2010.
8.From the contention of the learned counsel for the writ
petitioner/respondent, it is clear that the petitioner is not having required
qualification for being appointed as Assistant Wireman or as Helper,
either on the date of his appointment or on the date, when he sought
regularization of his services. His request for regularization was only
based upon the fact, that the services of others, who were not possessing
the required qualification, have been regularised.
9.Even assuming that the other persons, who have been
regularised, did not possess any qualification as per G.O.Ms.No.255
dated 28.06.2010, the petitioner cannot seek any equality in the alleged
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illegality said to have been committed by the official respondents and
therefore, the order of the learned Single Judge relying upon the
regularization granted to others, is not legally sustainable, especially in
view of the fact that the writ petitioner was not holding requisite
qualification.
10.For the reasons stated above, the order made in the writ
petition is liable to be set aside. This Writ Appeal is allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
11.Now, it has been brought to our notice that the Assistant
Electrical Wireman and Helpers have been appointed without having
requisite qualification as contemplated under G.O.Ms.No.255, dated
28.06.2010. Hence, the appellants herein are directed to file a status
report with regard to the names, date of appointment and qualification
possessed by the Assistant Electrical Wireman and Helpers, who are now
serving in the temple on or before 25.07.2023.
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12.List this Writ Appeal on 25.07.2023.
[A.S.M.J.,] & [R.V.J.,]
07.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
ta
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DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
ta
Order made in
W.A.(MD)No.66 of 2014
Dated:
07.07.2023
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