Madras High Court
V.Sreenivas vs The Secretary To Government on 27 November, 2023
W.P.Nos.8648 & 8654 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.Nos.8648 & 8654 of 2021
and W.M.P.Nos.9195 & 9198 of 2021 and
1230 &1232 of 2022
1.V.Sreenivas ... Petitioner in W.P.No.8648 of 2021
2.B.V.Rambabu ... Petitioner in W.P.No.8654 of 2021
Vs.
1.The Secretary to Government,
Co-operation, Food and Consumer
Protection Department,
Fort St.George, Chennai 600 009.
2.The Joint Registrar of Co-operative Societies,
Krishnagiri Region, Co-operative Colony,
Krishnagiri, Krishnagiri District.
3.The President,
D.K.80, Berigai Primary Agricultural
Co-operative Credit Society, Shoolagiri Road,
Berigai - 635 105, Shoolagiri Taluk,
Krishnagiri District. ... Respondents in both W.Ps
Prayer in both W.Ps: Writ Petitions are filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, to direct the
respondents to regularise the petitioners' service as Salesman and clerk in
the third respondent Society by giving retrospective effect from the date of
appointment and consequently permit the petitioners to join duty as
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W.P.Nos.8648 & 8654 of 2021
Salesman and clerk in the 3rd respondent Society.
In both W.Ps
For Petitioners : Ms.R.Hemalatha
For Respondents : Mr.T.Chezhiyan,
Additional Government Pleader
COMMON ORDER
These Writ Petitions have been filed seeking to issue a Writ of
Mandamus, to direct the respondents to regularise the petitioners' service
as Salesman and clerk in the third respondent Society by giving
retrospective effect from the date of appointment and consequently permit
the petitioners to join duty as Salesman and clerk in the 3rd respondent
Society.
2. Heard Ms.R.Hemalatha, learned counsel for the petitioners and
Mr.T.Chezhiyan, learned Additional Government Pleader for the
respondents.
3. The petitioners claim regularisation in pursuant to the
G.O.Ms.No.86 dated 12.03.2001. According to the petitioners, they have
been appointed as Salesman and Clerk on 07.02.2000 and 01.09.2009 on
daily wages. The petitioners claim the benefit under G.O.Ms.No.86 dated
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W.P.Nos.8648 & 8654 of 2021
12.03.2001.
4. According to the learned Additional Government Pleader for the
respondents, G.O.Ms.No.86 dated 12.03.2001 has been withdrawn vide
G.O.Ms.No.301, Co-operative Food and Consumer Protection
Department dated 17.10.2007. Hence it is claimed by the learned
Additional Government Pleader that those employees who have been
appointed irregularly cannot claim the benefit of regularisation. The
withdrawal of the Government Order is consequent to the Supreme
Court's judgment held in C.A.No.1413 of 2013 filed against the order of
the High Court in L.Justin's case. In L.Justin's case, G.O.Ms.No.86 was
challenged and some directions were given and the same was challenged
by the Government by way of filing C.A.No.1413 of 2013. In the said
case, the Hon'ble Supreme Court has passed an order on 28.07.2004 by
referring to Umarani's case and held that those persons who have come
through back door should go through the back door and their
regularisation is not permissible.
5. The learned counsel for the petitioners attracted the attention of
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W.P.Nos.8648 & 8654 of 2021
this Court to the subsequent order passed in W.P.Nos.21440 of 2015 etc.,
batch dated 19.02.2021, in which, the following direction has been given:
"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 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 a copy
of this order by taking the cut-off date as 12.03.2001;
d. The regularisation of service of the
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W.P.Nos.8648 & 8654 of 2021
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 regularisation; and
e. The benefit of regularisation 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."
6. Following the above direction, if any order has been passed to
any other persons who are fulfilling the conditions as stated in the above
direction, the same is applicable to the petitioners as well. Supposing the
Government has taken the said order on Appeal, that will also bind the
petitioners. Hence, the representation given by the petitioners shall be
considered by the respondents taking into consideration of the orders
passed in W.P.Nos.21440 of 2015 etc., batch dated 19.02.2021.
7. With the above observations, these Writ Petitions are disposed
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W.P.Nos.8648 & 8654 of 2021
and the respondents are directed to consider the representation given by
the petitioners in the light of the order passed by this Court in
W.P.Nos.21440 of 2015 etc., batch dated 19.02.2021 and pass
appropriate orders within a period of six weeks from the date of receipt of
a copy of this order. Consequently, connected miscellaneous petitions are
closed. No costs.
27.11.2023
Index : Yes
Internet : Yes/No
gsk
https://www.mhc.tn.gov.in/judis
W.P.Nos.8648 & 8654 of 2021
To
1.The Secretary to Government,
Co-operation, Food and Consumer
Protection Department,
Fort St.George, Chennai 600 009.
2.The Joint Registrar of Co-operative Societies,
Krishnagiri Region, Co-operative Colony,
Krishnagiri, Krishnagiri District.
3.The President,
D.K.80, Berigai Primary Agricultural
Co-operative Credit Society, Shoolagiri Road,
Berigai - 635 105, Shoolagiri Taluk,
Krishnagiri District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.8648 & 8654 of 2021
R.N.MANJULA, J.
gsk
W.P.Nos.8648 & 8654 of 2021
and W.M.P.Nos.9195 & 9198 of 2021 and
1230 &1232 of 2022
27.11.2023
https://www.mhc.tn.gov.in/judis
