Madras High Court
T.V.Ramalakshmi vs The State Of Tamil Nadu Rep. By Its on 30 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.30527 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.30527 of 2024
T.V.Ramalakshmi
W/o.K.V.Krishnamoorthy ... Petitioner
Vs.
1.The State of Tamil Nadu rep. by its
Principal Secretary to Government,
School Education Department,
Secretariat, Chennai - 600 009.
2.The Director of Government Examinations,
Directorate of Government Examinations,
College Road, Chennai - 600 006.
3.The Deputy Director (Administration) of
Government Examinations,
Directorate of Government Examinations,
College Road, Chennai-6. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus to call for the
records connected in Letter No.2668/G.E/2023-6, dated 11.08.2023
passed by the first respondent to quash the same and consequently direct
the respondents to extend the benefits of G.O (1D) No.286, School
Education (GE.1) Department, dated 19.07.2016, G.O (1D) No.238,
School Education (Nee.Va.4(2)) Department, dated 07.04.2017, G.O
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Writ Petition No.30527 of 2024
(Pa) No.72, School Education (G.E) Department, dated 28.02.2019 and
G.O (2D) No.125, School Education (G.E) Department, dated
08.08.2024 to the petitioner for regularisation from the date of proposal
(i.e.,) 03.11.1998 onwards or at least from the date of completion of 10
years of service from 02.01.1995 on par with similarly placed persons
and also grant pension and pensionary benefits to the petitioner from the
date of retirement based on the order of the Hon'ble Division Bench of
this Court in W.A.No.1458 of 2019, dated 20.01.2023.
For Petitioner : Mr.S.N.Ravichandran
for Mr.K.Arumugam
For Respondents : Mrs.S.Mythreya Chandru
Special Government Pleader
*****
ORDER
This writ petition has been filed challenging the proceedings of
the first respondent dated 11.08.2023 and for a consequential direction to
regularize the services of the petitioner from the date of proposal or at
least from the date of completion of 10 years of service on par with
similarly placed persons and to extend the attendant benefits.
2. Heard Mr.S.N.Ravichandran, learned counsel for petitioner
and Mrs.S.Mythreya Chandru, learned Special Government Pleader
appearing for respondents.
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Writ Petition No.30527 of 2024
3. The issue that has been raised in this writ petition is squarely
covered by the earlier order passed by this Court in W.P.Nos.20250 of
2021 etc. batch, dated 20.02.2024. The relevant portions are extracted
hereunder:
"7. In W.A.No.1458 of 2019 dated 20.01.2023
[M.Shanmugam Vs. Government of Tamil Nadu], a Division
Bench of this Court has held that the relief has been given by
directing the respondents to regularise the services of the similarly
placed persons w.e.f. 10 years of service from the date of their
initial appointment.
8. Even though the respondents had relied on the
judgment of the Full Bench of this Court and the guidelines issued
therein, the facts of the petitioners are slightly different in terms of
their entitlement for appointment. As per G.O.(Ms) No.22, P&AR
Department, dated 28.02.2006, the employees who have working
in all Government Departments on daily wages and who have
completed 10 years of service as on 01.01.2006 will be
regularised. So far as these petitioners are concerned, they had
completed 10 years of service as on 10.08.1997, 25.05.1997,
13.07.1997 and 22.05.1997 respectively itself. However they
were regularised only from 20.10.2006 which is subsequent to the
issuance of G.O.(Ms.)No.203, School Education (V1)
Department, dated 19.10.2006.
9. The petitioners' were absorbed only in view of the
scheme of the Government made in G.O.(Ms) No.22, P&AR
Department, dated 28.02.2006 by considering the petitioners'
completion of 10 years of service. The date on which they have to
be absorbed in the regular employment would relate back to the
date on which the petitioners complete 10 years of service and not
from the date of issuance of the Government Order or from any
future dates. The same logic has been applied to the similarly
placed persons, who have been given with the benefit of getting
their past services to be regularised from the completion of 10
years of service and the petitioners alone cannot be deprived of the
same.
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Writ Petition No.30527 of 2024
10. The petitioners had made a representation to
regularise their services from the date of completion of 10 years of
service and that had been rejected on 21.12.2020 by the 3rd
respondent by citing the judgment of the Full Bench of this Court
rendered in Kaliyamoorthy's case stated supra.
11. As stated already, the petitioners' case is slightly
different in terms of their entitlement for appointment. Since the
entitlement of the petitioners to get regularised relates back to
their completion of 10 years of service as on 10.08.1997,
25.05.1997, 13.07.1997 and 22.05.1997 respectively, the
regularisation should be given w.e.f. the said date and not from
the date of issuance of G.O.(Ms.) No.203, School Education (V1)
Department, dated 19.10.2006.
In view of the above stated reasons, these Writ
Petitions are allowed and the orders passed by the 3rd respondent
dated 21.12.2020 is quashed and the 3 rd respondent is directed to
issue fresh orders to regularise the services of the petitioners w.e.f.
the date of completion of 10 years of service, within a period of
six (6) weeks from the date of receipt of a copy of this order."
4. The grievance expressed by the petitioner can also be dealt
with in line with the above order. In view of the same, this writ petition is
allowed and the impugned order passed by the first respondent dated
11.08.2023 is hereby quashed. There shall be a direction to respondents
to verify the service records of the petitioner and issue fresh orders
regularizing the services of the petitioner with effect from the date of
completion of ten years of service with all attendant benefits. Necessary
proceedings shall be issued in this regard within a period of twelve (12)
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Writ Petition No.30527 of 2024
weeks from the date of receipt of a copy of this order.
This writ petition is allowed with the above direction. No costs.
30.10.2024
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1. The Principal Secretary to Government,
School Education Department,
Secretariat, Chennai - 600 009.
2. The Director of Government Examinations,
Directorate of Government Examinations,
College Road, Chennai - 600 006.
3. The Deputy Director (Administration of
Government Examinations),
Directorate of Government Examinations,
College Road, Chennai-6.
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Writ Petition No.30527 of 2024
N.ANAND VENKATESH, J
gm
Writ Petition No.30527 of 2024
30.10.2024
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