The State Of Tamil Nadu v. T.David

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER W.A.Nos. 584 of 2024, 1028, 1090, 1115, 1442, 1451 & 1831 of 2023 and C.M.P.Nos. 4089 of 2024, 10255, 11072, 11247, 14035, 14067 & 16061 of W.A.No. 584 of 2024

1. The State of Tamil Nadu Rep by its Secretary, Public Works Department, Fort Saint George, Chennai - 600 009.

2. The Chief Engineer and Engineer in Chief (General), Public Works Department, Chepauk, Chennai - 600 005.

3. The Chief Engineer (Buildings), Public Works Department, Chepauk, Chennai - 600 005.

4. The Executive Engineer, Nagercovil - 629 001.

5. The Assistant Engineer, Planning and Designing Sub Division, Nagarkovil.

6. The Assistant Executive Engineer, 1/6

Nagarkovil - 629 001.

...Appellants Vs.

1.T.David 2.S.Jeya Chandran 3.J.Jocob Raj 4.K.Asha 5.X.Pushpa Rani 6.H.Fazeela Begum ... Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 08.11.2023 made in W.P.No. 30268 of 2022. For Appellants : Mr.P.Kumaresan Additional Advocate General ssisted by Mr.P.Anandakumar Government Advocate For Respondents : Mr.S.Ashok Kumar in WA/584/2024 & 1028 of 2023 For Respondent in WA/1115/2023 : Mr.G.Punniakoti R1 to R5, R7 to R9 R11 to R13 in WA/1090/2023 and for respondents in WA/1442, 1451 & 1831/2023 : Mr.R.Rengaramanujam COMMON JUDGMENT 2/6

(Judgment of the Court was made by R.SUBRAMANIAN, J.) Challenge is to the order of the learned single Judge dated 08.11.2023 made in W.P.No. 30268 of 2022, in and by which, a direction was issued to the respondents to regularize the services of the six petitioners who were shown to be working as NMRs in the Public Works Department at least from the years 1993, 1994 & 1995.

2. The learned single Judge has found as of fact that services of similarly placed persons were regularized under various Government Orders issued in the years 2016 & 2018. Challenge to some of the orders refusing regularization was sustained and a direction was issued to regularize the services of those employees also. One such order made in W.P.(MD).No. 11106 of 2013 dated 01.12.2016 was challenged in W.A(MD).No.686 of 2017 and the said writ appeal was dismissed on 12.07.2017. A attempted special leave petition was also rejected by the Hon'ble Supreme Court. Therefore, the issue relating to regularization has attained finality.

3. Further a Full Bench of this Court, to which, one of us (Hon'ble 3/6

Mr.Justice R.Subramanian) was a party in M.Sivappa Vs.State of Tamil Nadu made in W.P.No. 23823 of 2023 dated 26.02.2024 has held that if persons were shown to have been working in the 86 posts that are enumerated under the Tamil Nadu basic services, their services should be regularized. The technical pleas like non-sponsoring through Employment Exchange and not having been regularly recruited shall not stand in the way of such regularization. Hence, we see no necessity to interfere with the order of the learned single Judge. These Writ Appeals therefore, fails and they are accordingly, dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

(R.S.M., J.) (K.S., J.) 25.06.2025 kkn Internet: Yes Index: No Speaking To:-

1. The Secretary, 4/6

State of Tamil Nadu Public Works Department, Fort Saint George, Chennai - 600 009.

2. The Chief Engineer and Engineer in Chief (General), Public Works Department, Chepauk, Chennai - 600 005.

3. The Chief Engineer (Buildings), Public Works Department, Chepauk, Chennai - 600 005.

4. The Executive Engineer, Nagercovil - 629 001.

5. The Assistant Engineer, Planning and Designing Sub Division, Nagarkovil.

6. The Assistant Executive Engineer, Nagarkovil - 629 001.

R.SUBRAMANIAN, J.

and K.SURENDER, J.

5/6

KKN W.A.Nos. 584 of 2024, 1028, 1090, 1115, 1442, 1451 & 1831 of 2023 25.06.2025 6/6