Madras High Court
P.Chellappan … vs Government Of Tamil Nadu on 6 February, 2025
W.P. No. 14446 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2025
CORAM
THE HON'BLE Ms. JUSTICE R.N.MANJULA
W.P. No. 14446 of 2018
and
W.M.P. No. 17057 of 2018
P.Chellappan … Petitioner
-vs-
1. Government of Tamil Nadu
Represented by its Principal Secretary
Rural Development & Panchayat Raj Department
Fort St. George, Chennai-600009.
2. The Commissioner of Rural Development
Having office at Panagal Maaligai
Saidapet, Chennai-600015.
3. The District Collector
Namakkal District. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus, calling for the entire
records which culminated in passing the order bearing reference No.Na.Ka.No.
Nee/31333/2005 dated 10.04.2016 of the third respondent, consequential order
bearing letter No.26332/ PaA-5/2016-2 dated 11.12.2017 of the 1st respondent
and quash the same and consequently direct the respondents to pay all
consequential monetary benefits including payment of pension by taking into
account the period of regularization of service of the petitioner in the cadre of
Night Watchman as 31.03.1994 within a time limit that may be fixed by this
Court.
For Petitioner : Mr.P.Ganesan
For Respondents : Mr.J.Chezhian, AGP (RR1 to 3)
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1/8
W.P. No. 14446 of 2018
ORDER
This writ petition has been filed challenging the order bearing reference
in Na.Ka.No.Nee/31333/2005 dated 10.04.2016 of the third respondent,
consequential order bearing letter No.26332/ PaA-5/2016-2 dated 11.12.2017
of the 1st respondent and consequently, direct the respondents to pay all
consequential monetary benefits including payment of pension by taking into
account of the period of regularization of service of the petitioner in the cadre
of Night Watchman as 31.03.1994.
2. Heard Mr.P.Ganesan, learned counsel for the petitioner and
Mr.T.Chezhian, learned Additional Government Pleader for the respondents
and perused the materials placed on record, apart from the pleadings of the
parties.
3. The petitioner has been appointed as Night Watchman through the
employment exchange by the third respondent during the year 1984. Thereafter, by
giving the benefit of the G.O. Ms. No. 267, Rural Development Department dated
22.12.1999, the petitioner's services has been regularized and the order to that
effect was also issued on 26.06.2000. However, the petitioner claims that he has
been given with the regularization order upon completion of 10 years of service as
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on 31.03.1994, but the third respondent cancelled the regularization order on
10.04.2006 and revised the regularization order by giving effect from the date of
the Government order and not from the date of the completion of 10 years of
service.
4. The learned counsel for the petitioner submitted that similarly placed
persons have already filed a writ petition in W.P. No. 19365 of 2007 challenging
the cancellation of the regularization and giving effect to the date of regularization
on the date of the Government order and the said petition was allowed and the
petitioners regularization have been restored to the original date of regularization,
i.e., from the date of completing 10 years of service.
5. However, Mr.T.Chezhiyan, learned Additional Government Pleader for the
respondents submitted that the petitioner has joined service in the year 1984 and
she has completed 16 years of service as in the year 2000 and his services have
been regularized, in pursuant to the G.O. Ms. No.161, Rural Development
Department dated 26.06.2000. He has further submitted that this scheme itself has
been brought for regularization only by virtue of the Government Order dated
26.06.2000 and in response to that, the petitioner has been regularized through the
proceedings of the third respondent dated 25.07.2000. In the said order, the date of
completion of 10 years of service has been stated just to prescribe his qualification
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for regularization and the petitioner cannot construe that as the date of effect of
regularization.
6. Attention was also drawn to the clarification given on this aspect through
the Government letter dated 19.03.2002. Hence, the revised regularization order
has been issued by considering the date of regularization from the date of issuance
of the G.O.Ms. No. 161, Rural Development (E7) Department dated 26.06.2000.
7. The fact that the petitioner was brought under the regularized services is not
in dispute and that the petitioner has completed 10 years of service as on the date
when he was issued with the order of regularization on 25.07.2000 is also not
denied. The only contention raised by the learned counsel for the petitioner is that
his entitlement for regularization is, on and from the date of completion of 10
years of service as stated in the proceedings dated 25.07.2000 and the subsequent
cancellation was made as an after thought.
8. In this regard, it is appropriate to refer the earlier judgment of this Court in
W.A. Nos. 168 and 169 of 2012 dated 08.08.2014. In the said appeals also,
similarly placed person like the petitioner claimed that their date of regularization
should be given effect from the date of the completion of 10 years of service and
not from the date of Government Order.
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9. Insofar the eligibility for regularization is concerned, the petitioner had been
accorded the eligibility immediately after the completion of 10 years of service.
The scheme to regularize the services of the persons like petitioner has also made
it as an essential condition for the purpose of regularization. Under the scheme one
ought to have completed 10 years of service. So the completion of 10 years of
service is the minimum eligibility for regularization. Only by understanding the
impact of regularization in the right perspective, the petitioner's regularization
order has been issued on 25.07.2000 by considering the date of effect of
regularization on and from 31.03.1994 (which is from the completion of 10 years
of service). The petitioner's continuation in temporary service is only because the
delay on the part of the respondent in absorbing the petitioner and similar others in
regular posts for want of vacancy. Creation of vacancies by the respondent
department is only to accommodate the petitioner in the said post by taking into
consideration of completion of 10 years of service.
10. Immediately after completion of 10 years of service, the petitioners have
acquired the eligibility to become the regular employees. In such case, the benefit
of regularization should also relate back to the date of completion of 10 years of
service. When similarly placed persons have got the above benefit through the
earlier judicial proceedings, the petitioner cannot be put on a different footing.
Depriving the petitioner to enjoy the above benefit would amount to
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discriminating them from similarly placed persons who got the advantage of not
losing the service excess of their 10 years, for the purpose of this service benefit.
Since the petitioner should also be treated equally under equal circumstances, I
feel it is appropriate to grant the relief as prayed by the petitioner.
11. In view of the same, the writ petition is allowed. The order in letter
No.26332/ PaA-5/2016-2 dated 11.12.2017 passed by the first respondent is set
aside and the first respondent is directed to restore the original regularization order
which was issued on 26.06.2000 with effect of regularization from 31.03.1994 and
pass orders to that effect and disburse the service benefits accrued to the petitioner
consequent to the order of restoration. No costs.
06.02.2025
Index: Yes/No
Internet: Yes/No
Speaking /Non-speaking order
Maya
https://www.mhc.tn.gov.in/judis
To
1. The Principal Secretary to Government of Tamil Nadu
Rural Development & Panchayat Raj Department
Fort St. George, Chennai-600009.
2. The Commissioner of Rural Development
Having office at Panagal Maaligai
Saidapet, Chennai-600015.
3. The District Collector
Namakkal District.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
Maya
Dated : 06.02.2025
https://www.mhc.tn.gov.in/judis
