Madras High Court
The State Of Tamil Nadu vs K.Maria Antony Ruswald on 10 March, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.618 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.618 of 2025
and
C.M.P.No.4970 of 2025
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Personnel and Administrative Reforms Department,
Fort St. George, Chennai - 600 009.
2.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort St. George, Secretariat,
Chennai - 600 009.
3.The Commissioner,
Directorate of Rural Development
and Panchayat Raj Department,
Panagal Building, Saidapet,
Chennai - 600 015. ... Appellants
Vs.
1.K.Maria Antony Ruswald
2.The Principal Accountant General (Tamil Naud),
O/o. the Principal Accountant General,
AG's Office Complex, 361, Anna Salai,
Teynampet, Chennai - 600 018. ... Respondents
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Page No.: 1 of 6
W.A.No.618 of 2025
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PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 18.03.2024 made in W.P.No.34779 of 2022 and allow
this Writ Appeal.
For Appellants : Mr.P.Anandakumar, Government Advocate
For Respondents : Mr.S.Nedunchezhiyan for R1
Mr.T.Ravi Kumar, Standing Counsel for R2
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JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
We do not find any merit in this appeal. Admittedly the petitioners were
appointed on temporary basis after going through proper selection to sanctioned
posts, during the year 1986. By G.O.Ms.No.433, Personnel and
Administrative Reforms (Placement Cell), dated 14.12.1993, the temporary
employees were ousted from service. Upon their representation, the
Government directed a Special Qualifying Examination to be held for those
ousted employees and such examination was held on 24.06.1995. It is not in
dispute that these respondents have cleared the Special Qualifying Examination
conducted on 24.06.1995. However, they were re-employed after 2 and a half
years. In the interregnum the temporary employees, who had failed in the
Special Qualifying Examination approached the Tamil Nadu Administrative
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Tribunal and the Tribunal directed regularization of their services.
2. The said order was challenged before this Court and this Court also
dismissed the writ petition. Upon such dismissal, the Government regularized
the services of those who failed in the Special Qualifying Examination without
break in service. When similar benefit was sought for by the employees who
cleared the examination, the Government took a very unreasonable stand and
refused to take the break in service as part of the service for the purposes of
pension. This prompted the employees to approach this Court again.
3. The writ court had taken note of the fact the Government had
conferred the benefit on persons who have failed in the written examination and
directed that the petitioners who have cleared the examination should also be
given the same benefit. The benefit is sought to be denied on the ground that
for those persons who have failed, this Court had directed that their services be
regularized from the date of their initial employment and hence they were
regularized. The writ Court had only directed regularization of services of
employees who had cleared the examination. It will be unreasonable for this
Court to deny such benefit conferred on the persons who failed the examination
to persons who have cleared the examination.
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4. Hence, we see no reason to interfere with the order of the writ Court.
The Writ Appeal therefore fails and it is accordingly dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
(R.S.M.,J.) (G.A.M.,J.)
10.03.2025
dsa
Index : No
Neutral Citation : No
Speaking order
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To
1.The Principal Secretary to Government,
State of Tamil Nadu,
Personnel and Administrative Reforms Department,
Fort St. George, Chennai - 600 009.
2.The Secretary to Government,
State of Tamil Nadu,
Rural Development and Panchayat Raj Department,
Fort St. George, Secretariat,
Chennai - 600 009.
3.The Commissioner,
Directorate of Rural Development
and Panchayat Raj Department,
Panagal Building, Saidapet,
Chennai - 600 015.
4.The Principal Accountant General (Tamil Naud),
O/o. the Principal Accountant General,
AG's Office Complex, 361, Anna Salai,
Teynampet, Chennai - 600 018.
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
10.03.2025
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