Madras High Court
A.Thalavai Muthu vs State Of Tamil Nadu on 27 November, 2023
W.P.Nos.17156 & 17177 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.Nos.17156 & 17177 of 2020
A.Thalavai Muthu ... Petitioner in both W.Ps
Vs.
1.State of Tamil Nadu,
Rep. by the Principal Secretary to Government,
School Education Department,
Chief Secretariat,
Chennai 600 009.
2.The State Project Director,
Samagra Shiksha, DPI Campus,
Chennai - 600 006.
3.The Additional Chief Educational Officer,
Samagra Shiksha,
Collectorate Campus,
Tirunelveli 627 009. ... Respondents in both W.Ps
Prayer in both W.Ps: Writ Petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, to direct the
respondents 1 to 3 to pay the salary attached to the post of System
Analyst with all attendant benefits including monetary benefits by
extending the judgment made in W.P.No.1535 of 2012 (S/S) dated
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
W.P.Nos.17156 & 17177 of 2020
10.06.2013 which has attained finality in R.P(C) No.2045 of 2018 in
SLP (C) No.14944 of 2017 by an order dated 17.07.2018 and to
regularise the petitioner as System Analyst or any other suitable post on
par with System Analyst with all attendant benefits including monetary
benefits.
In both W.Ps.
For Petitioner : Mrs.N.Kavitha Rameshwar
For Respondents : Mr.S.Silambanan, Addl. Advocate General
assisted by Mr.T.Chezhiyan, AGP
COMMON ORDER
This Writ Petition has been filed seeking to issue a Writ of
Mandamus to direct the respondents 1 to 3 to pay the salary attached to
the post of System Analyst with all attendant benefits including monetary
benefits by extending the judgment made in W.P.No.1535 of 2012 (S/S)
dated 10.06.2013 which has attained finality in R.P(C) No.2045 of 2018
in SLP (C) No.14944 of 2017 by an order dated 17.07.2018 and to
regularise the petitioner as System Analyst or any other suitable post on
par with System Analyst with all attendant benefits including monetary
benefits.
https://www.mhc.tn.gov.in/judis
W.P.Nos.17156 & 17177 of 2020
2. Heard Mrs.N.Kavitha Rameshwar, learned counsel for the
petitioner and Mr.S.Silambanan, learned Additional Advocate General
appearing for the respondents.
3. The petitioner was appointed as a Computer Programmer on
temporary basis on consolidated pay from 11.04.2005 to 29.05.2020. The
services of the similarly placed persons who were working in Uttarkhand
Government have been regularised as per the Orders of the Hon'ble
Supreme Court of India in the case of Subhash Singh & Others Vs.
Secretary Education, Govt. of Uttarkhand and Others. Aggrieved over the
said order, the Government made a special appeal No.352 of 2013 and
the same was dismissed by an order dated 06.12.2016. Once again the
Government filed SLP (C) No.14944 of 2014 and it was also dismissed
by an order 17.07.2017. Further the Government filed R.P.(C) No.2045
of 2018 in SLP (C) No.14944 of 2017 which was also dismissed by an
order dated 17.07.2018. By raising the above grounds, the petitioner has
filed these Writ Petitions.
4. Mr.S.Silambanan, learned Additional Advocate General for the
https://www.mhc.tn.gov.in/judis
W.P.Nos.17156 & 17177 of 2020
respondents submitted that in the case of State of Rajasthan and others
Vs. Dayalal and others, the Hon'ble Supreme Court has held that
irregular or part-time appointment in all eventualities cannot get the
benefit of Article 14 & 16 and hence their services cannot be regularised.
5. In the case in hand, the petitioner is not a part-time employee
and he is a full-time employee and who has rendered his service for
nearly 15 years. The petitioner relies upon the earlier judgment of the
High Court of Uttarkhand made in W.P.No.1535 of 2012. The said
judgment has been upheld by the Hon'ble Supreme Court as well.
6. In the said circumstances, the petitioner can make a fresh
representation by producing the said judgments before the respondents
and on receipt of the same, the respondents shall consider it in
accordance with law. However, the petitioner cannot have any assurance
that the policy decision taken by the Uttarkhand Government will be
followed by the Government of Tamil Nadu also.
https://www.mhc.tn.gov.in/judis
W.P.Nos.17156 & 17177 of 2020
7. With the above observations, these Writ Petitions are disposed
and it is upto the petitioner to produce the above said judgment before the
respondents at the time of making representation and on receipt of such
representation, the respondents shall consider the same and pass orders in
accordance with law. No costs.
27.11.2023
Index : Yes
Internet : Yes/No
gsk
To
1.The Principal Secretary to Government,
School Education Department,
Chief Secretariat,
Chennai 600 009.
2.The State Project Director,
Samagra Shiksha, DPI Campus,
Chennai - 600 006.
3.The Additional Chief Educational Officer,
Samagra Shiksha,
Collectorate Campus,
Tirunelveli 627 009.
https://www.mhc.tn.gov.in/judis
W.P.Nos.17156 & 17177 of 2020
R.N.MANJULA, J.
gsk
W.P.Nos.17156 & 17177 of 2020
27.11.2023
https://www.mhc.tn.gov.in/judis
