Madras High Court
The Secretary To Government vs K.Rajeswari on 18 October, 2023
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
Writ Appeal No.2804 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.10.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN
Writ Appeal No.2804 of 2018
and C.M.P.No.23310 of 2018
1. The Secretary to Government,
Public Works Department,
Secretariat, Chennai – 600 009.
2. The Engineer -in-Chief(Buildings),
Chief Engineer (Buildings),
Chennai Region, Chepauk,
Chennai – 600 005.
3. The Chief Engineer (General),
Public Works Department,
Chepauk, Chennai – 600 005. ... Appellants
Vs
K.Rajeswari ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set
aside the order passed dated 22.09.2017 made in W.P.No.14508 of
2014.
For Appellants : Mr.K.V.Sajeev Kumar
Special Government Pleader
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Writ Appeal No.2804 of 2018
For Respondent : Mr.L.Chandrakumar
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR,J.) This writ appeal has been directed against the order passed by the Writ Court dated 22.09.2017 made in W.P.No.14508 of 2014.
2. The issue before the Writ Court was that, clause 6 of G.O.Ms.No.74, Personnel and Administrative Reforms (F) Department, dated 27.06.2013 was an offending clause, therefore that was under
challenge and a consequential relief sought for was to regularize the service of the petitioners on completion of 10 years by virtue of G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006. The said writ petition since was allowed along with the connected writ petitions, aggrieved over the same, the Government preferred the present appeal.
3. Heard Mr.K.V.Sajeev Kumar, learned Special Government Pleader appearing for the appellants and Mr.L.Chandrakumar, learned counsel appearing for the respondent.
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4. In fact, this issue had come up before various Benches at various point of time, where the consistent view was taken that those who are entitled to get the relief of regularization after completion of 10 years as per G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006 has to be regularized unmindful of Clause 6 of G.O.Ms.No.74, Personnel and Administrative Reforms (F) Department, dated 27.06.2013.
5. Some of the writ appeals came up before a Division Bench, where one of us is a party (RSKJ) i.e., in W.A.Nos.606 and 2830 of 2019 in the matter of M.Mahalingam Vs. The Engineer in Chief, Water Resources Department, Public Works Department, Chennai and Ors., where by order dated 16.08.2023, the Division Bench passed the following order:
“18.In the light of the above reasoning and findings, we are of the considered view that the order passed by the learned Single Judge which had been impugned in all these Writ Appeals would have to be interfered with and accordingly they are set aside and as a sequel, the Government is directed to consider the claim of the https://www.mhc.tn.gov.in/judis Page No.3/5 Writ Appeal No.2804 of 2018 appellants herein and shall be regularised their services in accordance with G.O.Ms.No.74 dated 27.06.2013 by taking the date of notification, dated 27.06.2013, as to be the cut off date for fixing the period of completion of 10 years of service.
19. In the result:-
a) W.A.No.606 of 2019 is closed.
b) All other Writ Appeals are allowed and the impugned order passed by the learned Single Judge is set aside.
c) Consequently connected Miscellaneous Petitions are closed. However there shall be no order as to costs.”
6. Learned counsel appearing for both sides have fairly submitted that the issue raised in this appeal is covered by the said decision of the Division Bench and also various earlier Division Bench decisions.
7. In view of the same, this writ appeal deserves to be dismissed and accordingly, it is rejected confirming the order passed by the Writ Court. No costs. Connected miscellaneous petition is closed.
(R.S.K.,J.) (G.A.M., J.)
18.10.2023
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Writ Appeal No.2804 of 2018
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
R.SURESH KUMAR, J.
and
G.ARUL MURUGAN, J.
mp
Writ Appeal No.2804 of 2018
18.10.2023
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