Madras High Court
C.Kumarasamy vs The Regional Deputy Registrar on 23 June, 2023
W.P.(MD)No.26987 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.06.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.26987 of 2019
C.Kumarasamy ... Petitioner
vs.
1.The Regional Deputy Registrar,
Pudukottai District.
2.The President,
MM-366 Kuzhiyanvidhuthi,
Primary Agriculural Co-operative
Credit Society,
Kuzhiyandividuthi,
Pudukottai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the 2nd respondent to
disburse the salary due to the petitioner from the date of promotion as
Attender, ie., 01.07.2014 in lieu of G.O.Ms.No.137, dated 09.11.2015,
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W.P.(MD)No.26987 of 2019
issued by Co-operatives, Food and Consumer Protection Department.
For Petitioner : Mr.H.Arumugam
For R1 : Mr.K.S.Selvaganesan
Additional Government Pleader
For R2 : No appearance
*****
ORDER
This writ petition is filed for writ of Mandamus, to direct the 2nd
respondent to disburse the salary due to the petitioner from the date of
promotion as Attender, i.e., 01.07.2014 in lieu of G.O.Ms.No.137, dated
09.11.2015, issued by Cooperatives, Food and Consumer Protection
Department.
2. The petitioner was pursuing Diploma in Cooperative
Management in the year 2012-2013, but was appointed on 26.11.1999.
Subsequently, the petitioner acquired the qualification of Diploma in
Cooperative Management on June 2014. However, the petitioner was not
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W.P.(MD)No.26987 of 2019
sponsored through employment exchange. The issue of appointing such
persons without calling for list from the employment exchange is dealt
by another Learned Single Judge of this Court in W.P.Nos.21440 of 2015
and batch, wherein this Court has held as under:
“16. This is an unfortunate case where luck has played its
part. The Government took a decision to regularize the
services of nearly 35,000 employees who were appointed
in various Co-operative Societies by drawing a cut-off
dated as 12.03.2001 and out of the same, the lucky 26,000
employees got their services regularized and the rest of
the employees were facing the wrath of their destiny. They
were eagerly expecting their services to be regularized
like that of the similarly place employees but bad luck
came in their. The process of regularization was undertak-
en even for the petitioners and due to various administra-
tive delays, it did not reach its logical end. By then there
were huge shift in law with regard to illegal and irregular
appointments.
37. In view of the above discussion, all the Writ Petitions
are disposed of with the following directions:
a. All those Petitioners/Respondent Employee, as the case
may be who have at the time of their appointment,
fulfilled their educational qualification, who have been
appointed in a sanctioned post within the cadre strength,
and are in regular scale of pay, are declared to have
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W.P.(MD)No.26987 of 2019
satisfied the substantial/mandatory qualification
prescribed under Rule 149(1) of the Rules;
b. The appointments not being sponsored by the
employment exchange, as prescribed under Rule 149(2) of
the Rules, will only make the appointments irregular and
not illegal;
c. All those Petitioners/Respondent Employee, as the case
may be who have fulfilled the criteria stipulated in Clause
(a), shall be regularised by the Respondents by issuing
appropriate proceedings within a period of 8 weeks from
the date of receipt of copy of this Order by taking the cut-
off date as 12.03.2001;
d. The regularization of service of the
Petitioners/Respondent Employee, as the case may be will
not entail them with any additional monetary benefits
except the consequential benefits which flows from such
regularization; and e. The benefit of regularization that is
extended to the eligible Petitioners/Respondent Employee,
as the case may be shall also be extended to all those
employees who are similarly placed even though they
have not knocked the doors of this Court.
Accordingly, the batch of writ petitions are disposed of.
No costs. Consequently, all the connected miscellaneous
petitions are closed.”
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W.P.(MD)No.26987 of 2019
The Learned Single Judge has directed to grant regularization to the
persons who are covered under the Justin's case. Following the direction
of the Learned Single Judge, the Government has also issued, Circular
No.7 dated 09.09.2021. If the circular and the above said judgment is
applied to the petitioner's case, the petitioner is entitled to regularization
from the date of the initial appointment.
3. When the government has taken a policy decision, then the
petitioner is also entitled to regularization in the light of the order passed
in W.P.Nos.21440 of 2015 and batch, the Government has also issued
Circular No.7, dated 09.09.2021.
4. Therefore, the respondents are directed to regularize the
petitioner and grant all applicable salary including promotion and this
direction shall be complied within a period of four weeks from the date
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W.P.(MD)No.26987 of 2019
of receipt of the copy of the order.
5.With the above said observation, the writ petition is allowed. No
costs.
Index : Yes / No 23.06.2023
Internet : Yes
NCC : Yes / No
Tmg
To
The Regional Deputy Registrar,
Pudukottai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.26987 of 2019
S.SRIMATHY, J
Tmg
W.P.(MD)No.26987 of 2019
23.06.2023
https://www.mhc.tn.gov.in/judis
