Madras High Court
The Secretary To Government vs S.Selvam on 13 June, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No. 1447 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.A.No. 1447 of 2025
and
C.M.P.No. 11016 of 2025
1.The Secretary to Government,
Personnel & Administrative
Reforms (P) Department,
Government of Tamil Nadu,
Fort St.George, Secretariat,
Chennai – 600 009.
2.The District Educational Officer,
Sankari, Salem District. ...Appellants
Vs.
1.S.Selvam
2.The Management of Vaideeswara
Higher Secondary School,
Mettur Dam – 2, Salem District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 20.10.2023 made in W.P.No.17026 of 2020.
1/6
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W.A.No. 1447 of 2025
For Appellants : Mr.U.M.Ravichandran
Special Government Pleader
For Respondents : Mr.V.Sivalingam
for M/s.C.S.Associates for R1
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
We find that the order of the writ Court is a consequence of the
lethargy on the part of the appellants.
2. The 1st respondent was appointed as a Record Clerk and his
appointment was also approved. Subsequently, the appointment was sought
to be re-called and he was terminated vide order dated 27.02.2004 on the
sole ground that there was a ban on appointment when he was appointed on
05.06.2002. This order dated 27.02.2004 was subject matter of challenge in
W.P.No.7946 of 2004, which was disposed of by this Court on 12.09.2007
with a direction to the respondents to re-engage him after recording the
undertaking that the 1st respondent will not claim back wages. This Court
directed the Governments to pass orders within a period of four weeks from
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the date of the order dated 12.09.2007. The said order was not complied
with, prompting the 1st respondent to file a second writ petition in
W.P.No.34146 of 2013. The said writ petition was also disposed of on
17.12.2013 again with a direction to comply with the earlier orders within a
period of four weeks. That order was also not complied within the time
granted. However, the respondent was taken back in service some time in
2015.
3. The respondent therefore, filed the instant writ petition seeking a
mandamus to regularize his service with continuity of service with the date
of initial appointment namely, 05.06.2002. The writ Court, after taking into
account the delay on the part of the Government held that the respondent
though had forgone back wages, such undertaking would apply only if the
Government had passed orders within four weeks from 12.09.2007. The
Government having passed orders regularizing the services of the
respondent only in 2015, in violation of the orders of this Court, cannot be
heard to contend that the respondent would be bound by his undertaking.
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4. If only the Government had regularized the services immediately
after the orders of this Court dated 12.09.2007, there would have been no
necessity for the present writ petition. The necessity for this writ petition
itself arose only because of the non-compliance with the earlier orders of
this Court. The writ Court has rightly granted the relief to the respondent.
5. We see no reason to interfere with the orders of the writ Court.
This Writ Appeal therefore, fails and it is accordingly, dismissed. No costs.
Consequently, connected miscellaneous petition is closed. Eight weeks time
is granted, from the date of receipt of a copy of this order, to comply with
the orders of the writ Court.
(R.S.M., J.) (K.G.T., J.)
13.06.2025
kkn
Internet: Yes
Index: No
Speaking
Neutral Citation : No
Note:- Issue order copy on 19.06.2025.
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To:-
1.The Secretary to Government,
Personnel & Administrative
Reforms (P) Department,
Government of Tamil Nadu,
Fort St.George, Secretariat,
Chennai – 600 009.
2.The District Educational Officer,
Sankari, Salem District.
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R.SUBRAMANIAN, J.
and
K.GOVINDARAJAN THILAKAVADI, J.
KKN
and
13.06.2025
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