M.Raguna v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :
20.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.25053 of 2024 1.M.Raguna 2.V.Krishnakumar 3.S.Senthamilselvi 4.R.Vennila 5.D.Selvi 6.S.Pachaiyammal 7.D.Mahalakshmi 8.A.Sundaramoorthy ... Petitioners Vs.
1.The Government of Tamil Nadu, Rep. though its Secretary, Home Department, Personal - A Courts IV, Secretariat, Fort St. George, Chennai - 600 009.
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2.The Government of Tamil Nadu, Rep. through its Secretary, Law Department, Fort St.George, Chennai - 600 009.
3.The Principal District Judge, Perambalur District, Perambalur.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India parying to issue a Writ of Mandamu, directing teh respondents to provide employment to the petitioners on daily wages equivalent to basic pay at the minimum pay scal applicable to the post of Office Assistant/ Sweeper/ with Dearness Allowance thereupon applicable from time to time, in view of GO.No.137 dated 13.09.2019 and G.O.(Ms.)No.233 of 06.12.2019 by taking note of the petitioners continues service for 630 days by considering their representation dated 06.12.2021, within the period as stipulated by this Court. For Petitioner : Mr.P.Nellaiyappan For Respondents : Mr.P.Ananda Kumar, Government Advocate for R1 & R2 Mr.D.Prabhu Mukunth Arunkumar, Standing Counsel for R3 ****** Page No.: 2 of 7
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O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer is for a Mandamus directing the respondents to provide employment on daily wages equivalent to basic pay applicable to the posts of Office Assistant, Sweeper with Dearness Allowance as per G.O.No.137 dated 13.09.2019 and G.O.No.233 dated 06.12.2019.
2. All the petitioners were appointed on 02.03.2020 on a temporary basis under Rule 16(a)(1) of the Judicial Ministerial Service Rules and the their services were terminated on 30.11.2021. Contending that they have worked for 630 days and they will be entitled to be continued in service, the petitioners seek a Mandamus.
3. The fact that the petitioners are employed as temporary employees is not in dispute. But, upon regular recruitment being made their services were dispensed with. It is not the case where the petitioners worked for several years as temporary employees entailing them to regularization under any scheme of Regularization. It is purely a temporary employment to tide over the need for a limited period.
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4. Hence, we see no merit in the Writ Petition. The Writ Petition fails and it is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
(R.S.M.,J.) (G.A.M.,J.) 20.03.2025 dsa Index : No : No Speaking order Page No.: 5 of 7
To 1.The Secretary, Government of Tamil Nadu, Home Department, Personal - A Courts IV, Secretariat, Fort St. George, Chennai - 600 009.
2.The Secretary, Government of Tamil Nadu, Law Department, Fort St.George, Chennai - 600 009.
3.The Principal District Judge, Perambalur District, Perambalur.
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R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
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