Madras High Court
R.Shanmugasundaram vs The Director on 1 October, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.11545 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.11545 of 2017
and
W.M.P.(MD).Nos.8883 & 13793 of 2017
R.Shanmugasundaram ... Petitioner
Vs.
1.The Director,
Sericulture Department,
Nethaji Nagar, Hasthampatti,
Salem-636 007.
2.The Assistant Director,
Sericulture Department,
Nannagaram,
Tenkasi-627 881,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records pertaining
to the impugned order passed by the first respondent in Rc.No.6944/E4/2017,
dated 22.05.2017, quash the same and direct the respondents to absorb him and
post him as Junior Inspector of Sericulture in the available vacancy in the light
of the order passed by this Court in W.A.Nos.1184 to 1192 of 2016 within a
time frame fixed by this Court.
1/10
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11545 of 2017
For Petitioner : Mr.M.Saravanan
For Respondents : Mr.G.Suriya Ananth,
Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the impugned order dated
22.05.2017, passed by the first respondent, rejecting the petitioner’s request for
his absorption into the post of Junior Inspector of Sericulture in the available
vacancy in the light of the order passed by the Division Bench of this Court in
W.A.Nos.1184 to 1192 of 2016.
2. The petitioner claims that he has been working in the Government Silk
Reeling Unit, Nannagaram, as a full time daily wage worker for the past 11
years prior to the filing of this Writ Petition without any break in service. The
petitioner claims that he has passed English and Tamil Typewriting Senior
Grade and has completed his 12th Standard in the year 1991 and he has also
completed the certified course of Sericulture conducted by the Tamil Nadu
Agricultural University, Coimbatore.
https://www.mhc.tn.gov.in/judis
3. According to the petitioner, as per the decision rendered by the
Division Bench of this Court in W.A.Nos.1184 to 1192 of 2016, he is entitled to
be absorbed and regularized in the post of Junior Inspector of Sericulture on
account of his long service. However, in the impugned order, the request of the
petitioner has been rejected on the ground that the petitioner has not completed
ten years of service as on 01.01.2006, which the cut off date, as per G.O.
(Ms).No.22, Personnel and Administrative Reforms (F) Department, dated
28.02.2006 and G.O.(Ms).No.74, Personnel and Administrative Reforms (F)
Department, dated 27.06.2013.
4. A counter affidavit has been filed by the respondents reiterating the
contents of the impugned order.
5. Learned counsel appearing for the petitioner drew the attention of this
Court to the Order of the Division Bench dated 14.11.2016 passed in W.A.Nos.
1184 to 1192 of 2016 and would submit that as per the said order, it has been
made clear that the Government will have to safeguard the interest of daily
wage workers, who have been working for a long number of years and consider
their request for regularization in the light of the observations made by the
Division Bench in Paragraph No.11 of the said judgment.
https://www.mhc.tn.gov.in/judis
6. Learned counsel appearing for the petitioner would further submit that
the observations recorded in Paragraph No.11 in the order of the Division
Bench dated 14.11.2016 referred to supra were not followed by the respondents
while passing the impugned order.
7. Learned counsel appearing for the petitioner drew the attention of this
Court to a Full Bench Judgment of this Court dated 26.02.2024 passed in
W.P.No.23823 of 2023 in the case of M.Sivappa vs. State of Tamil Nadu,
represented by its Principal Secretary, Rural Development Department,
Secretariat, Fort St.George, Chennai-600 009 and others reported in 2024 (2)
CTC 1 and would submit that in the said Full Bench decision, it has been made
clear that it is immaterial whether an appointment to anyone of 86 categories of
posts enumerated in the Tamil Nadu Basic Service is part time or full time for
the purpose of getting benefit of regularization and the regularization can be
granted de hors G.O.(Ms).No.74, Personnel and Administrative Reforms (F)
Department, dated 27.06.2013. Therefore, according to the learned counsel
appearing for the petitioner that even if the petitioner did not satisfy the
requirement of completing ten years of service on or before the cut off date i.e.,
on 01.01.2006 as per G.O.(Ms).No.74, Personnel and Administrative Reforms
https://www.mhc.tn.gov.in/judis
(F) Department, dated 27.06.2013, the petitioner is still entitled for
regularization as prayed for in this Writ Petition.
8. However, on the other hand, learned Special Government Pleader
appearing for the respondents would rely upon the judgment of the Hon’ble
Supreme Court in the case of the Secretary to Government, Commercial Taxes
and Registration Department, Secretariat and another vs. Singamuthu
rendered in Civil Appeal No.3770 of 2017 dated 07.03.2017 and would submit
that as per the said decision, the petitioner is not entitled for regularization as he
has not completed ten years of continuation of service as a full time daily wage
worker as on 01.01.2006, which is the cut off date, as per G.O.(Ms).No.22,
Personnel and Administrative Reforms (F) Department, dated 28.02.2006.
Several issues have been raised by the petitioner in this Writ Petition, which
have not been considered in the impugned order. The Full Bench Judgment
rendered by this Court reported in 2024 (2) CTC 1 referred to supra has held
that, if it is shown that the appointment is made to anyone of 86 categories of
posts enumerated in the Tamil Nadu Basic Service immaterial of the fact that
whether such appointment is part time or full time, the employee would be
entitled to the benefit of regularization de hors G.O.(Ms).No.74, Personnel and
Administrative Reforms (F) Department, dated 27.06.2013.
https://www.mhc.tn.gov.in/judis
9. It has also been made clear that in the said decision of the Full Bench
that, if it is shown that the nature of employment is temporary and the
requirement will cease to exist after a particular time, like those appointments
that are made under various welfare schemes, it will then be open to the
Government to engage temporary employees or part-time employees.
10. In the case on hand, the petitioner claims that he has been
continuously working as a daily wage worker ever since 2006. The cut off date
fixed under G.O.(Ms).No.22, Personnel and Administrative Reforms (F)
Department, dated 28.02.2006 and G.O.(Ms).No.74, Personnel and
Administrative Reforms (F) Department, dated 27.06.2013 for regularization is
01.01.2006. However, the Full Bench decision of this Court relied upon by
learned counsel appearing for the petitioner in M.Sivappa’s case referred to
supra, has issued directions to the respondents therein that, if it is shown that
the appointment is made to anyone of 86 categories of posts enumerated in the
Tamil Nadu Basic Service immaterial of the fact that whether such appointment
is part time or full time, the employee would be entitled to the benefit of
regularization de hors G.O.(Ms).No.74, Personnel and Administrative Reforms
(F) Department, dated 27.06.2013.
https://www.mhc.tn.gov.in/judis
11. G.O.(Ms).No.22, Personnel and Administrative Reforms (F)
Department, dated 28.02.2006 has been superseded to G.O.(Ms).No.74,
Personnel and Administrative Reforms (F) Department, dated 27.06.2013. The
said fact is not disputed.
12. As seen from the Full Bench decision of this Court referred to supra,
de hors G.O.(Ms).No.74, Personnel and Administrative Reforms (F)
Department, dated 27.06.2013, which provides for a cut off date i.e., on
01.01.2006, the respondents are empowered to regularize the services of the
employees.
13. Even though learned Special Government Pleader appearing for the
respondents disputes the same, this Court, in order to provide an opportunity for
the petitioner to establish and prove that, he is still entitled for regularization
and in view of the Full Bench decision rendered in M.Sivappa’s Case referred
to supra, is inclined to direct the respondents to reconsider the petitioner’s
request considering the fact that the petitioner has been working for a long
number of years from 2006 onwards. This Court is not expressing any opinion
on the merits of the petitioner’s contention.
https://www.mhc.tn.gov.in/judis
14. It is for the respondents to consider the petitioner’s request after
giving due consideration to the Full Bench decision rendered by this Court in
the case of M.Sivappa’s case referred to supra as well as the order of the
Division Bench of this Court dated 14.11.2016 rendered in W.A.Nos.1184 to
1192 of 2016.
15. For the foregoing reasons, the impugned order dated 22.05.2017
passed by the first respondent is hereby quashed and the matter is remanded
back to the first respondent for fresh consideration on merits and in accordance
with law on the petitioner’s request seeking for regularization after giving due
consideration to the Full Bench decision rendered by this Court in the case of
M.Sivappa vs. State of Tamil Nadu, represented by its Principal Secretary,
Rural Development Department, Secretariat, Fort St.George, Chennai-600
009 and others reported in 2024 (2) CTC 1 and the order of the Division Bench
of this Court dated 14.11.2016 passed in W.A.Nos.1184 to 1192 of 2016 and
under any other authority, which the first respondent deems fit to apply. The
first respondent is directed to pass final orders on merits and in accordance with
law within a period of sixteen (16) weeks from the date of receipt of a copy of
this order.
https://www.mhc.tn.gov.in/judis
16. In view of the above, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
01.10.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
TSG
To
1.The Director,
Sericulture Department,
Nethaji Nagar, Hasthampatti,
Salem-636 007.
2.The Assistant Director,
Sericulture Department,
Nannagaram,
Tenkasi-627 881,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
TSG
01.10.2024
https://www.mhc.tn.gov.in/judis
