Madras High Court
Unknown vs T.David on 25 June, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.584 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K.SURENDER
W.A.Nos. 584 of 2024, 1028, 1090, 1115, 1442, 1451 & 1831 of 2023
and
C.M.P.Nos. 4089 of 2024, 10255, 11072, 11247, 14035, 14067 & 16061 of
2023
W.A.No. 584 of 2024
1. The State of Tamil Nadu
Rep by its Secretary,
Public Works Department,
Fort Saint George,
Chennai - 600 009.
2. The Chief Engineer and Engineer in Chief (General),
Public Works Department,
Chepauk, Chennai - 600 005.
3. The Chief Engineer (Buildings),
Public Works Department,
Chepauk, Chennai - 600 005.
4. The Executive Engineer,
Water Resource Organisation,
Kodayar Basin Division,
Nagercovil - ? 629 001.
5. The Assistant Engineer,
Planning and Designing Sub Division,
Nagarkovil.
1/6
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W.A.No.584 of 2024
6. The Assistant Executive Engineer,
Water Resource Organisation,
Kodayar Basin Division,
Nagarkovil - 629 001. ...Appellants
Vs.
1.T.David
2.S.Jeya Chandran
3.J.Jocob Raj
4.K.Asha
5.X.Pushpa Rani
6.H.Fazeela Begum ... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order
dated 08.11.2023 made in W.P.No. 30268 of 2022.
For Appellants : Mr.P.Kumaresan
Additional Advocate General ssisted by
Mr.P.Anandakumar
Government Advocate
For Respondents : Mr.S.Ashok Kumar
COMMON JUDGMENT
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(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge is to the order of the learned single Judge dated 08.11.2023
made in W.P.No. 30268 of 2022, in and by which, a direction was issued to
the respondents to regularize the services of the six petitioners who were
shown to be working as NMRs in the Public Works Department at least from
the years 1993, 1994 & 1995.
2. The learned single Judge has found as of fact that services of
similarly placed persons were regularized under various Government Orders
issued in the years 2016 & 2018. Challenge to some of the orders refusing
regularization was sustained and a direction was issued to regularize the
services of those employees also. One such order made in W.P.No.24632 of
2018 dated 27.11.2018 was challenged in W.A(MD).No.686 of 2017 and the
said writ appeal was dismissed on 12.07.2017. A attempted special leave
petition was also rejected by the Hon’ble Supreme Court. Therefore, the
issue relating to regularization has attained finality.
3. Further a Full Bench of this Court, to which, one of us (Hon’ble
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Mr.Justice R.Subramanian) was a party in M.Sivappa Vs.State of Tamil
Nadu made in W.P.No. 23823 of 2023 dated 26.02.2024 has held that if
persons were shown to have been working in the 86 posts that are
enumerated under the Tamil Nadu basic services, their services should be
regularized. The technical pleas like non-sponsoring through Employment
Exchange and not having been regularly recruited shall not stand in the way
of such regularization. Hence, we see no necessity to interfere with the order
of the learned single Judge. These Writ Appeals therefore, fails and they are
accordingly, dismissed. No costs. Consequently, connected miscellaneous
petitions are closed.
(R.S.M., J.) (K.S., J.)
25.06.2025
kkn
Internet: Yes
Index: No
Speaking
Neutral Citation : No
To:-
1. The Secretary,
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State of Tamil Nadu
Public Works Department,
Fort Saint George,
Chennai - 600 009.
2. The Chief Engineer and Engineer in Chief (General),
Public Works Department,
Chepauk, Chennai - 600 005.
3. The Chief Engineer (Buildings),
Public Works Department,
Chepauk, Chennai - 600 005.
4. The Executive Engineer,
Water Resource Organisation,
Kodayar Basin Division,
Nagercovil - 629 001.
5. The Assistant Engineer,
Planning and Designing Sub Division,
Nagarkovil.
6. The Assistant Executive Engineer,
Water Resource Organisation,
Kodayar Basin Division,
Nagarkovil - 629 001.
R.SUBRAMANIAN, J.
and
K.SURENDER, J.
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KKN
W.A.Nos. 584 of 2024, 1028, 1090, 1115,
1442, 1451 & 1831 of 2023
25.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 04:44:33 pm )
