Madras High CourtWP/29856/2024dismissed

S.Kumaran v. The Principal Secretary

2024-10-04Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.32549, 32569, 32555 & 32571 of 2024 S.Kumaran .. Petitioner (in W.P.No.29856 of 2024) Yuvaraj .. Petitioner (in W.P.No.29860 of 2024) Vs.

1.The Principal Secretary, Revenue Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Commissionerate of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The Commissioner of Land Administration, Commissionerate of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

4.The District Collector, Master Plan Complex, Collectorate, Villupuram District - 605 602.

1/6

5.The Project Director, National Highways Authority of India, Project Implementation Unit - Chengalpet, No.41/8A, 2/285, Second Floor, Velachery - Tambaram Main Road, Santhosapuram, Medavakkam, Chengalpet District - 600 073.

.. Respondents (in both cases) Prayer in W.P.No.29856 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the entire records and quash the order passed by the 3rd respondent in Rc.No.LA-VII(1)/4121952/2023 dated 20.09.2024 pending disposal of the above writ petition.

Prayer in W.P.No.29860 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the entire records and quash all proceedings order passed by the 3rd respondent in Rc.No.LA-VII(1)/4121952/2023 dated 20.09.2024 pending disposal of the above writ petition.

(In both cases):

For petitioner(s) :

Ms.Deepika Jayaramaraj For RR 1 to 4 :

Mr.G.Velu Additional Government Pleader For R5 :

Mr.SU.Srinivasan Standing Counsel 2/6

C O M M O N O R D E R These writ petitions have been filed challenging the proceedings of the 3rd respondent dated 20.09.2024.

2.Heard the learned counsel for the petitioners, learned Additional Government Pleader for respondents 1 to 4 and the learned Standing Counsel for the 5th respondent.

3.The grievance of the petitioners is that they have been engaged by the respondents on a regular basis from the year 2018 & 2022. The petitioners were depending upon the income that they were earning and entire livelihood of the family was dependent on that income. Attempts were made to terminate the services of the petitioner. Representations were made. In the mean time, proceedings were issued by the 3rd respondent dated 20.09.2024, which may result in the termination of the services of the petitioners. It is under these circumstances, the present writ petitions have been filed before this Court. 4.In the considered view of this Court, even as per the admission of the petitioners they have been engaged only on a temporary basis. The 3/6

same is evident from the appointment order that have been issued to the petitioners which clearly shows that the petitioners will be paid only a consolidated salary and that their services will be terminated at any point of time. In view of the same, the petitioners do not have the legal right to stay put with the temporary appointment given to them, since they were not holding any sanctioned post through regular recruitment process. 5.In the light of the above discussion, the relief that was sought for by the petitioners cannot be granted by this Court. 6.In the result, both the Writ Petitions are dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 04.10.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 4/6

To 1.The Principal Secretary, Revenue Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Commissionerate of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The Commissioner of Land Administration, Commissionerate of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

4.The District Collector, Master Plan Complex, Collectorate, Villupuram District - 605 602.

N.ANAND VENKATESH, J.

5/6

krk 04.10.2024 6/6