The Secretary To Government vs M.Shanmugam
2025 Latest Caselaw 4058 Mad

Madras High Court

The Secretary To Government vs M.Shanmugam on 17 March, 2025

Author: R.Subramanian

Bench: R.Subramanian

                                                                                           W.A.No. 50 of 2025
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 17.03.2025
                                                          CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    AND
                                  THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

                                                  W.A.No. 50 of 2025
                                                         and
                                                 C.M.P.No. 330 of 2025

                     1.The Secretary to Government
                      Municipal Administration
                      and Water Supply Department,
                      State of Tamil Nadu,
                      Chennai - 600 009.

                     2.The Commissioner of Municipal Administration,
                      M.R.C.Nagar, Raja Annamalai Puram,
                      Chennai - 28.

                     3.The Regional Director of
                      Municipal Administration,
                      Vellore - 12.

                     4.The Commissioner
                      Ambur Municipality
                      Ambur, Vellore District.                                        ... Appellants

                                                               Vs.

                     M.Shanmugam                                                            ...Respondent

                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
                     order dated 06.02.2020 made in W.P.No.4627 of 2011.

                     1/5


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                                                                                            W.A.No. 50 of 2025



                                        For Appellants        : Mr.C.Selvaraj
                                                               Additional Government Pleader
                                        For Respondent        : Mr.M.Muthappan




                                                         JUDGMENT

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

We do not see any merit in the appeal. Admittedly, the respondent

was engaged as a Gang Mazdoor from 1983 and he was posted as

Watchman-cum-Feeder to cattle with effect from 29.07.1988 and he was

working in that category till he attained the age of superannuation in the

year 2015. His demand for regularization was rejected on the ground that

his appointment was contrary to G.O.Ms.No.644 dated 12.10.1979.

2. The respondent cannot be blamed for violation of the G.O. If the

appellants appointed him and paid him salary from the contingency funds

and he has also been made as Watchman-cum-feeder to cattle with effect

from 29.07.1988, the fact that initial appointment was irregular cannot be a

ground to refuse regularization. The question of regularization itself arises

only in respect of irregular appointments. In as much as the respondent is

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covered by G.O.Ms.No.22 dated 28.02.2006, the learned Judge has held he

should be regularized from the date of completion of 10 years from the date,

on which, he was appointed as a Watchman-cum-Feeder i.e., on 29.07.1988.

Therefore, the services of the appellant should be regularized only with

effect from 29.07.1998 and he would be entitled to monetary benefits. We

see no reason to take a different view in as much as the respondent is clearly

covered G.O.Ms.No.22 dated 28.02.2006. This Writ Appeal therefore, fails

and it is accordingly, dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                             (R.S.M., J.)    (G.A.M., J.)
                                                                                      17.03.2025
                     kkn

                     Index: No
                     Speaking order
                     Neutral Citation : No







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                     To:

                     1.The Secretary to Government
                      Municipal Administration
                      and Water Supply Department,
                      State of Tamil Nadu,
                      Chennai - 600 009.

2.The Commissioner of Municipal Administration, M.R.C.Nagar, Raja Annamalai Puram, Chennai - 28.

3.The Regional Director of Municipal Administration, Vellore - 12.

4.The Commissioner Ambur Municipality Ambur, Vellore District.

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R.SUBRAMANIAN, J.

and G. ARUL MURUGAN, J.

KKN

and

17.03.2025

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