Madras High Court
M.Dillibabu vs The Secretary To Government on 22 November, 2023
Author: M.S.Ramesh
Bench: M.S. Ramesh
2023:MHC:5225
W.P.No.30236 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.30236 of 2023
and
W.M.P.No.29830 of 2023
M.Dillibabu ...Petitioner
Vs
1.The Secretary to Government,
Department of Adi Dravidar and
Tribal Welfare,
Fort St.George, Chennai – 600 009.
2.The Director of Adi Dravidar Welfare,
Chepauk, Chennai – 600 005.
3.The District Adi Dravidar Welfare Officer,
Collectorate Campus,
Thiruvallur – 602 001.
4.The Headmistress,
Government Adi Dravidar Girls Higher
Secondary School,
Sevvapet, Thiruvallur District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus, to call for the
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.30236 of 2023
records in pursuant to the 1st impugned order issued by the 2nd respondent
in proceedings Na.Ka.No.03/27059/15 dated 20.11.2015 and the 2nd
impugned order issued by the 2nd respondent in proceedings Na.Ka.No.
03/23804/2013 dated 11.09.2023 and to quash these orders and to
consequently direct the respondents to regularise the services of the
petitioner in the post of Night Watchman with effect from the date of
completion of 10 years of service from the date of his initial appointment
on 01.10.1988 with all consequential monetary and service benefits.
For Petitioner : Mr.R.Prem Narayan
For Respondents : Mr.P.Ganesan,
Government Advocate
ORDER
With the consent of both the parties, this Writ Petition is taken up
for final disposal.
2. The petitioner herein was originally appointed as a Night
Watchman in the Government Adi Dravidar Welfare Girls Higher
Secondary School, Sevvapettai on 01.10.1988. After about 20 years, the
second respondent herein had sent a proposal to the first respondent on
02.02.2011 for regularization of the services of the petitioner, along with
https://www.mhc.tn.gov.in/judis
43 other persons, who were also appointed on consolidated pay basis in
the posts of Scavenger and Night Watchman. Since the proposal was not
acted upon within a reasonable time, the petitioner had filed a Writ
Petition before this Court in W.P.No.23254 of 2013, in which he had
placed reliance on a judgment of the Hon'ble Division Bench of this
Court passed in W.A.No.1258 of 2018, dated 13.09.2019, wherein the
services of similarly placed persons were regularized and such an order
of the learned Single Judge came to be confirmed therein. This Court, by
an order dated 14.07.2023, had disposed of the aforesaid Writ Petition,
with a direction to the respondents to pass orders, in line with the
judgments rendered in the same order, within a period of six weeks. In
this background, the present impugned order dated 11.09.2023 has been
passed, rejecting the petitioner's request.
3. The learned counsel for the petitioner submitted that in the
proposal sent by the second respondent, the cases of similarly placed
persons have been accepted and their services have also been regularized,
whereas the case of the petitioner alone has been discriminated.
https://www.mhc.tn.gov.in/judis
4. Per contra, the learned Government Advocate placed reliance on
the averments in the counter affidavit and submitted that the petitioner
was originally appointed as a part-time Night Watchman on temporary
basis on consolidated pay from the contingency fund allotted to the
school. Since the post itself has been abolished, they are not in a position
to regularize the petitioner's services.
5. It is not in dispute that in the proposal sent by the second
respondent dated 02.02.2011, the services of V.Amulu and M.Devi found
in Serial Nos.4 and 6, who have also joined the services of the
respondents, were regularized. The only reason assigned by the
respondents is that the post of Night Watchman is a temporary post and
that the payment is also being made from the contingency fund.
6. The Hon'ble Supreme Court, in the case of Raman Kumar and
others vs. Union of India and others passed in SLP(C) No.7898 of 2020
dated 03.07.2023, had an occasion to deal with similar set of facts,
wherein it was held that the services of employees deserve to be
https://www.mhc.tn.gov.in/judis
regularized on the ground of discrimination, in view of the ground raised
by the Group-D employees whose posts were abolished and who raised a
ground that the action of the authorities in regularizing the services of
similarly placed persons is discriminatory. The relevant portion of the
order reads as follows:-
“8. Indisputably, the appellants herein have
completed service of more than ten years. Even this
Court in the case of Ravi Verma and Others v. Union
of India and Others (Civil Appeal No(s).2795-2796
of 2018) decided on 13.03.2018 found that the act of
regularizing the services of some employees and not
regularizing the services of the others is
discriminatory and violative of Article 14 of the
Constitution of India.
9. Mrs. Aishwarya Bhati, learned Additional
Solicitor General of India appearing on behalf of
the respondents, has vehemently opposed the
petition. She submits that since posts were not
available, and, thereafter, Group ‘D’ posts have
been abolished, the appellants could not have been
regularized.
https://www.mhc.tn.gov.in/judis
10. We are not inclined to accept the
submission on behalf of the respondents. When the
Chief Commissioner of Income Tax has himself
found that 65 persons were entitled to be
regularized, the act of regularizing the services of
only 35 employees and not regularizing the services
of other employees, including the appellants, is
patently discriminatory and violative of Article 14 of
the Constitution of India.”
7. The aforesaid extract is self explanatory and it covers the
objections raised by the respondents herein also. The learned
Government Advocate had pointed out that the post of Night Watchman
has been abolished and that the petitioner was initially engaged only on
part-time basis. When the services of part-time Group-D employees have
been regularized based on a proposal, in which the petitioner's name also
found place, the refusal to consider regularization would be
discriminatory and violative of Article 14 of the Constitution of India.
8. Insofar as the abolition of the post is concerned, the ground
raised in this regard also cannot be substantiated, in view of the decision
https://www.mhc.tn.gov.in/judis
of the Hon'ble Supreme Court in Raman Kumar's case, which has been
extracted above, wherein the temporary post was also abolished, the
Hon'ble Supreme Court had ordered for regularization of services of the
Group-D employees, on the ground of discrimination. As such, the
objection raised by the learned Government Advocate in this regard
stands rejected.
9. In the light of the above observations, the impugned orders
dated 20.11.2015 and 11.09.2023 passed by the second respondent are
quashed. Consequently, there shall be a direction to the first and second
respondents to pass appropriate orders, regularizing the services of the
petitioner in the post of Night Watchman, notionally with effect from the
date on which he had completed 10 years of service from 01.10.1988,
together with the service benefits. However, the petitioner shall not be
entitled for the arrears of pay till the date of passing of such orders of
regularization. Such order of regularization shall be passed by the
respondents, atleast within a period of four weeks from the date of
receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
M.S.RAMESH,J.
hvk
10. Accordingly, the Writ Petition stands allowed. No costs.
Consequently, connected miscellaneous petition is closed.
22.11.2023
Index:Yes
Neutral Citation:Yes
Speaking order
hvk
To
1.The Secretary to Government,
Department of Adi Dravidar and
Tribal Welfare,
Fort St.George, Chennai – 600 009.
2.The Director of Adi Dravidar Welfare,
Chepauk, Chennai – 600 005.
3.The District Adi Dravidar Welfare Officer,
Collectorate Campus,
Thiruvallur – 602 001.
4.The Headmistress,
Government Adi Dravidar Girls Higher
Secondary School,
Sevvapet, Thiruvallur District.
https://www.mhc.tn.gov.in/judis
