M.Sivakumar v. The Agircultural Production
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2025
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA and W.M.P.No.18844, 18847 and 18849 of 2024 M.Sivakumar ... Petitioner Vs.
1.The Agricultural Production Commissioner and Secretary, Government of Tamil Nadu, Agriculture and Farmers Welfare Department, St.George Fort, Secretariat, Chennai-600 009.
2.The Director, Agriculture and Farmers Welfare Department, Chepauk, Chennai-600 005.
3.The Chief Engineer, 487, Annasalai, Nandanam, Chennai-600 035.
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4.The Executive Engineer, Darmapuri ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to calling for the records connected with the impugned order passed by the 1st respondent in Letter No.E3893441/AA3/2023-8 dated 27.02.2023 and quash the same and consequently direct the 1st respondent to regularise the service the service of the petitioner as Driver in regular time scale of pay with effect from the date of the initial appointment of the petitioner. For Petitioner : Mr.R.Rengaramanujam For Respondents : Mr.T.Chezhiyan, Additional Government Pleader
ORDER
The writ petition has been filed challenging the impugned order dated 27.02.2023 passed by the 1st respondent. 2/6
2. The facts are as follows:- The petitioner would submit that he was sponsored through the Employment Exchange and appointed as a Jeep Driver on contract basis in a sanctioned post by order dated 13.06.2012. He had joined duty on 21.06.2012 at the Assistant Director of Agriculture, Nallampalli. The petitioner served in the post for over 10 years with an unblemished record. The 3rd respondent had sent a proposal in his letter No. ThuPal / 24436 / 2016 dated 24.04.2017, to the 1st respondent, seeking regularization of contract drivers, including the petitioner herein. The said proposal was communicated to the 4th respondent seeking particulars relating to the status of drivers who are continuing in service under the regular time scale of pay. The matter is still pending for consideration before the 1st respondent. The petitioner had made a representation dated 28.06.2022 followed by a reminder dated 21.11.2022. Since no orders were passed, he had filed W.P.No.471 of 2023 before this Court. The Writ petition was 3/6
allowed on 11.01.2023 with a direction to the 1st respondent to dispose of the representation of the petitioner on merits. In compliance with the orders of this Court, the 1st respondent had, by order dated 27.02.2023, rejected the claim of the petitioner on the ground of financial constraints. Challenging the same, this Writ Petition has been filed.
3. The learned counsel for the petitioner has brought to the notice of this Court that this Court by order dated 07.07.2025 had allowed the Writ Petition in W.P.No.17600 of 2025, similar to the issue involved in this writ petition. Hence, he prayed that the present writ petition may also be allowed on the same lines.
4. In the light of the order passed in W.P.No.17600 of 2025 07.07.2025 which would enure to the facts of the case, this Writ Petition is allowed. The impugned order dated 27.02.2023 is hereby quashed. The 1st respondent is directed to regularize the services of 4/6
the petitioner, within a period of 3 months from the date of receipt of a copy of this order. It is made clear that the petitioner would not be entitled to any monetary or service benefits. No costs. Consequently, connected miscellaneous petitions are closed. 11.08.2025 srn To 1.The Agricultural Production Commissioner and Secretary, Government of Tamil Nadu, Agriculture and Farmers Welfare Department, St.George Fort, Secretariat, Chennai-600 009.
2.The Director, Agriculture and Farmers Welfare Department, Chepauk, Chennai-600 005.
3.The Chief Engineer, 487, Annasalai, Nandanam, Chennai-600 035.
4.The Executive Engineer, Darmapuri 5/6
P.T.ASHA, J., srn and W.M.P.No.18844, 18847 and 18849 of 2024 11.08.2025 6/6