Madras High Court

The State Of Tamil Nadu vs G.Sivajiganesan on 8 July, 2025

Author: R. Subramanian

Bench: R. Subramanian

                                                                                 W.A.No.211 of 2025 & etc batch

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 08.07.2025
                                                     CORAM :
                                    THE HONOURABLE MR.JUSTICE R. SUBRAMANIAN
                                                       AND
                                      THE HONOURABLE MR.JUSTICE K. SURENDER

                                 W.A.Nos.211, 203, 205, 216, 217, 218, 219, 220,
                              230 & 575 of 2025, 88 of 2024 and 2780 & 3265 of 2023

                     [W.A.No.211 of 2025]

                     1. The State of Tamil Nadu
                        Rep. By its Secretary
                        Public Works Department
                        Fort St. George, Chennai – 9.

                     2. The Chief Secretary to Government
                        Personnel and Administrative Reforms (F) Department
                        Fort St. George, Chennai – 9.

                     3. The Principal Chief Engineer (Buildings) and
                         Chief Engineer (General)
                        Public Works Department
                        Chepauk, Chennai – 5.                        ..                      Appellants
                                                      Vs.
                     1. G.Sivajiganesan
                     2. V.Thambidurai
                     3. S.Senthil
                     4. M.Raja
                     5. M.Jayakumar
                     6. M.Marudamuthu                                ..                      Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent, against
                     the order dated 22.04.2022 made in W.P.No.29346 of 2014.

                                  For the Appellants         : Mr.R.Ramanlaal
                                  in all W.As                  Additional Advocate General
                                                               assisted by Mr.S.John J. Raja Singh
                                                               Additional Government Pleader
                                  For the Respondent
                                  in all W.As                : Mr.L.Chandrakumar


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                                                                                 W.A.No.211 of 2025 & etc batch

                                               COMMON JUDGMENT

(Judgment of the Court was made by R. SUBRAMANIAN, J.)

The issue of regularization is here to trouble us again.

2. The claim of the employees for regularization was rejected

by the order dated 28.12.2020 on various grounds. Upon challenge,

the Writ Court relied upon the judgment of the Full Bench made in

M.Sivappa vs. the State of Tamil Nadu and Ors.1 and held that

regularization should be given to those employees who have

completed ten years of service prior to 27.06.2013 and directed the

respondents therein to pass orders in accordance with law.

3. Mr.R.Ramanlaal, learned Additional Advocate General for

the appellants would vehemently contend that the benefit of

regularization cannot be granted to back-door entrants. He would

also submit that these persons have not completed ten years of

service.

4. We do not propose to enter into the factual matrix. All that

has been done by the Writ Court was to set aside the order of

rejection and directing the respondents therein to regularize the

services of the petitioners therein with effect from when they had

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completed ten years of service in the temporary post. This direction

is in tune with the conclusion of the Full Bench in M.Sivappa

(supra) also. We therefore do not see any reason to interfere with

the order of the Writ Court.

5. These appeals fail and accordingly, stand dismissed.

However, it is made clear that the benefit of regularization would be

granted only from the date of completion of ten years of service and

only to those who had completed the said ten years prior to

27.06.2013, that is the date of issuance of the Government Order in

G.O.(Ms).No.74, Personnel and Administrative Reforms (F)

Department. There shall be no order as to costs. Consequently,

C.M.P.Nos.1440, 1412, 1414, 1416, 1421, 1474, 1496, 1521, 1534,

1538, 1624 & 4650 of 2025, 446 of 2024 and 26585 of 2023 are

closed.

                                                                          (R.S.M., J.)         (K.S., J)
                                                                                     08.07.2025

Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No Neutral Citation:Yes/No

drm

Note: Issue order copy on 11.07.2025.

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