Madras High Court
Unknown vs The Commissioner on 24 March, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.9756 of 2007 and W.P.No.30154 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025
CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.9756 of 2007 and W.P.No.30154 of 2008
and
M.P.No.1 of 2007 and M.P.No.1 of 2009
W.P.No.9756 of 2007
1.C.Shanmugasundaram,
S/o.Chinnasamy
2.A.Ramu,
S/o.Annamalai
3.K.Askar Babu,
S/o.Kalappan
4.A.Shanmugam,
S/o.Appasamy
5.V.Palani,
S/o.Veeram
6.Y.Ravi,
S/o.Yadhagiri
7.V.Thangamma,
W/o.Velu
8.C.Saraswathy,
W/o.Chinna
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
9.M.Unnamalai,
W/o.Manickam
10.M.Kumar,
S/o.Munirathinam
11.M.Sankothi,
S/o.Murugaiyan
12.M.Kandan,
S/o.Murugaiyan
13.K.Anjalai,
W/o.Kumar
14.G.Thamilarasi,
W/o.Govindaraju
15.V.Dhanalakshmi,
W/o.Venkatasamy
16.G.Raghavan,
S/o.Guruvaiah
17.R.Vijaya Babu,
S/o.Rupan
18.S.Santhi,
W/o.Selvam
19.M.Unjal,
W/o.Munusamy
20.V.Seetharaman,
S/o.Venkatesan
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
21.V.Govindan,
S/o.Venkatesan
22.M.Nagarajan,
S/o.Manickam
23.V.Unnamalai,
W/o.Vilalam
24.M.Ravi,
S/o.Murugan
25.M.Dhasaradan,
S/o.Murugan
26.G.Achamma,
W/o.Ganesan
27.P.Kajendran,
S/o.Perumal
28.M.Arumugam,
S/o.Nannu
29.M.Raja,
S/o.Munirathinam ... Petitioners
(The 2nd and 3rd petitioners are
withdrawn in the Writ Petition
vide Order dated 01.04.2009 in
M.P.No.1 of 2009)
(The 16th and 20th petitioners are
withdrawn in the Writ Petition
vide Order dated 23.07.2009 in
M.P.No.2 of 2009)
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
Vs.
1.The Commissioner,
Ambur Municipality,
Ambur, Vellore District – 635 802.
2.The Commissioner of Municipal
Administration,
Ezhilagam,
Chepauk, Chennai – 600 005.
3.The Secretary to Government,
Municipal Administration and
Water Supply Department,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009. ... Respondents
Prayer in W.P.No.9756 of 2007: Writ Petition filed under Article 226 of the
Constitution of India, for issuance of a Writ of Mandamus, to direct the
respondents to regularize the services of the petitioners 1 to 29 herein.
W.P.No.30154 of 2008
1.C.Shanmugasundaram,
S/o.Chinnasamy
2.A.Ramu,
S/o.Annamalai
3.K.Askar Babu,
S/o.Kalappan
4.A.Shanmugam,
S/o.Appasamy
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
5.V.Palani,
S/o.Veeram
6.Y.Ravi,
S/o.Yadhagiri
7.M.Kumar,
S/o.Munirathinam
8.G.Raghavan,
S/o.Guruvaiah
9.G.Thamilarasi,
W/o.Govindaraju
10.M.Ravi,
S/o.Murugan
11.S.Santhi,
W/o.Selvam
12.M.Dhasaradan,
S/o.Murugan
13.M.Arumugan,
S/o.Nannu
14.M.Raja,
S/o.Munirathinam ... Petitioners
(The 2nd and 3rd petitioners are
withdrawn in the Writ Petition
vide Order dated 01.04.2009 in
M.P.No.1 of 2009)
(The 8th petitioner is withdrawn in
the Writ Petition vide Order dated
23.07.2009 in M.P.No.2 of 2009)
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
Vs.
1.The Commissioner,
Ambur Municipality,
Ambur, Vellore District – 635 802.
2.The Commissioner of Municipal
Administration,
Ezhilagam,
Chepauk, Chennai – 600 005.
3.The Secretary to Government,
Municipal Administration and
Water Supply Department,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009. ... Respondents
Prayer in W.P.No.30154 of 2008: Writ Petition filed under Article 226 of the
Constitution of India, for issuance of a Writ of Mandamus, to direct the first
respondent to dispose of the representation dated 10.10.2008 on merit within
the time frame as may be fixed by this Court.
For Petitioners : Mr.G.Vasudevan
(In both W.Ps)
For Respondents :
(In both W.Ps)
For R1 : No appearance
For R2 and R3 : Mr.M.Murali
Government Advocate
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
COMMON ORDER
Mr.M.Murali, learned Government Advocate for the 2nd and 3rd
Respondents would submit that some of the Writ Petitioners have died and
some of them were made permanent during the pendency of the present Writ
Petitions.
2. It is noticed that these Writ Petitions are of the year 2007 and 2008.
3. The issue has now attained finality in terms of the decision of the Full
Bench of this Court in M.Sivappa Vs. State of Tamil Nadu, Represented by
its Principal Secretary, Rural Development Department, Secretariat, Fort
St. George, Chennai and others, 2024 (2) CTC 1.
4. The law that has been summarized by the Full Bench of this Court is
reproduced below:-
“36. Having considered the entire literature that is
available in the form of various pronouncements of this
Court, as well as the Hon'ble Supreme Court, we find it
difficult to accept the Judgment of the Division Bench in
State of Tamil Nadu, represented by its Secretary, Public
Works Department and another Vs. S. John Charles and
others, W.A.Nos.2875 & 2644 of 2018, etc., dated
16.08.2019, as one laying down the law to the effect that
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
the Government is free to appoint persons either in Part-
time or on a Full-time Temporary basis to Permanent
posts and oust them out at it whims and fancies and we
conclude that such unbridled exercise of indiscretions by
the State Government would amount to exploitation.
37. We are of the considered opinion that wherever
the posts are permanent in nature and they come within 86
categories of posts which form the Tamil Nadu Basic
Service, Temporary or Part-time employment should be
avoided and those persons, who have been appointed to
such posts and who have completed 10 years of service as
on 28.2.2006 would be entitled to Regularisation de hors
the nomenclature that is given to the appointment.
38. In fine, we hold-
(a) If it shown that the appointment is made to anyone
of the 86 categories of posts enumerated in the
Tamil Nadu Basic Service immaterial of the fact that
whether such appointment is part-time or full-time,
the Employee would be entitled to the benefit of
Regularisation de hors G.O.Ms.No.74, dated
27.6.2013.
(b) If it is shown that the nature of employment is
temporary and the requirement will cease to exist
after a particular time, like those appointments that
are made under various Welfare schemes, it will
then be open to the Government to engage
Temporary Employees or Part-time employees.
39. We conclude that the Judgments in State of
Tamil Nadu, represented by its Secretary, Public Works
Department and another Vs. S. John Charles and others,
W.A.Nos.2875 & 2644 of 2018, etc., dated 16.8.2019 and
State of Tamil Nadu, represented by its Secretary to
Government, Rural Development and Panchayat Raj
Department and others Vs. K.Rajakrishnan, W.A.(MD)
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
No.836 & 337 of 2014, dated 5.7.2023 cannot be taken as
laying down an inflexible rule of law that any part-time or
Temporary Employee, who has completed 10 years of
service on 28.2.2006 will not be entitled to Regularisation.
The benefit of Regularisation will depend on the nature of
the job and the fact that whether the post falls within any
one of the 86 categories mentioned in the Special Rules for
Tamil Nadu Basic Service.
40. Having answered the Reference as above, we
direct the Registry to list the Writ Petition before the
learned Single Judge as per the roster for disposal in
accordance with the opinion expressed above.”
5. Under these circumstances, these Writ Petitions are disposed by
directing the Respondents, to pass suitable orders in terms of the above view of
the Full Bench of this Court in the above case, within a period of 6 months
from the date of receipt of a copy of this order after due notice to the respective
writ petitioners. No costs. Connected Miscellaneous Petitions are closed.
24.03.2025
Neutral Citation : Yes / No
arb
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
To:
1.The Commissioner,
Ambur Municipality,
Ambur, Vellore District – 635 802.
2.The Commissioner of Municipal
Administration,
Ezhilagam,
Chepauk, Chennai – 600 005.
3.The Secretary,
Government of Tamil Nadu,
Municipal Administration and
Water Supply Department,
Fort St. George,
Chennai – 600 009.
C.SARAVANAN, J.
arb
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W.P.No.9756 of 2007 and W.P.No.30154 of 2008
W.P.No.9756 of 2007 and W.P.No.30154 of 2008
and
M.P.No.1 of 2007 and M.P.No.1 of 2009
24.03.2025
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