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Madras High CourtWP/8362/2019disposed of

Tmt K.A.Anandi, v. The Secretary To Government,

2025-02-17Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA

1. Tmt K.A.Anandi, W/o.N.Gopalakrishnan, NO. 5/409, 2nd Street, Rajiv Nagar, S.Kolathur, Periakovilambakkam, Chennai 129 Chennai Petitioner(s) Vs.

1. The Secretary to Government, Housing and Urban Development Department, Govt. of Tamil Nadu, Fort St. George, Chennai 9Chennai 2.The Registrar of Cooperative Societies (Housing), T.Nagar, Chennai 3.The Deputy Registrar of Corporation Societies (Housing), Madras Region, Chennai 18 Respondent(s) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India directing the 1st respondent to regularize the service of the petitioner from the

date of her first appointment on 28.11.1986 within a reasonable time as this Honourable Court may deem fit in the circumstances. For Petitioner(s):

Mr.T.C.Harinath For Respondent(s):

Mr.M.Muthusamy Government Advocate

ORDER

This writ petition has been filed to direct the 1st respondent to regularize the service of the petitioner from the date of her first appointment on 28.11.1986 within a reasonable time.

2. The petitioner has submitted that she has been appointed on compassionate ground in view of the death of her father Mr.S.K.Arumugam who was working as Night Watchman and died in harness. According to the petitioner her first appointment is on 28.11.1986 but her regularization has been given with effect from 14.08.1990. The petitioner is said to have given representation in this regard but so far it has not been considered by the respondents.

3. Mr.M.Muthusamy, the learned Government Advocate appearing for the respondents, submitted that the petitioner has been given appointment only on 14.08.1980 and previously her engagement was only on temporary service under 10 (a)(i) of the General Rules for the State Subordinate Services Rules and hence the petitioner is entitled to regularization only from the date of her appointment to the regular post i.e. on 14.08.1990.

4. The petitioner is said to have given representation in the year 2018. When a representation in this nature is made by the petitioner, the respondents ought to have passed an order either by allowing or rejecting her claim by stating reasons. So far no order has been passed in this regard. The petitioner got her probation declared with effect from 13.08.1991 by taking into account of her date of appointment only from 14.08.1990.

5. As the petitioner claims regularization by including the period during which she was working on temporary basis, it is for the respondents to take a call whether her services can be regularized by including that period or not.

6. In view of the same, the writ petition is disposed and the respondents are directed to consider the representation of the petitioner dated 12.11.2018 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. 17-02-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn To 1.The Secretary to Government, Housing and Urban Development Department, Govt. of Tamil Nadu, Fort St. George, Chennai 9.

2.The Registrar of Cooperative Societies (Housing), T.Nagar, Chennai 3.The Deputy Registrar of Corporation Societies (Housing), Madras Region, Chennai 18.

R.N.MANJULA J ., bkn 17-02-2025