Madras High CourtWP/49663/2025disposed of with direction

Vijaya v. The Secretary To Government

2026-01-19Honourable Mr Justice M.Dhandapani9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 49663, 50644, 50648, 50658, 50660 and 50701 of 2025 AND WMP NO. 55501, 55505, 56391, 56703, 56705, 56708, 56710, 56724, 56725, 56726, 56727, 56728, 56729, 56776, 56778 of 2026 W.P.No.49663 of 2025:

Vijaya Petitioner(s) Vs

1. The Secretary to Government Department of Social Welfare, Government of Tamilnadu, Secretariat, Chennai-600 009 2.The Commissioner and Director of Social Welfare, Department of Social Welfare, Chennai-600 005 3.The District Social Welfare Officer Ootacamound, The Nilgiris District.

Respondent(s) WP No. 50644 of 2025 K. Ranjini Petitioner(s) Vs

1. The Secretary to Government Department of Social Welfare, Government Of Tamilnadu, Secretariat, Chennai-600 009 2.The Commissioner and Director of Social Welfare, Department Of Social Welfare, Chennai-600 005

3.The District Social Welfare Officer Ootacamound, The Nilgiris District.

Respondent(s) WP No. 50648 of 2025 Kalaivani Petitioner(s) Vs

1. The Secretary To Government Department Of Social Welfare, Government Of Tamilnadu, Secretariat, Chennai-600 009 2.The Commissioner And Director Of Social Welfare, Department Of Social Welfare, Chennai-600 005 3.The District Social Welfare Officer Ootacamound, The Nilgiris District.

Respondent(s) WP No. 50658 of 2025 Kamatchi Petitioner(s) Vs

1. The Secretary To Government Department Of Social Welfare, Government Of Tamilnadu, Secretariat, Chennai-600 009 2.The Commissioner and Director of Social Welfare, Department of Social Welfare, Chennai-600 005 3.The District Social Welfare Officer District Social Welfare Office, Kanchipuram Respondent(s)

WP No. 50660 of 2025 Madheshwari Petitioner(s) Vs

Respondent(s) WP No. 50701 of 2025 Rathinam Petitioner(s) Vs

Respondent(s) PRAYER in WP No. 49663 of 2025;

direct the Respondents to regularize the Petitioners service as Helper with time scale of pay on completion of ten years of service from the date of initial appointment, i.e., from 15.06.2002 with all consequential benefits including arrears of salary and service continuity within a time frame as may be fixed by this Honble Court.

PRAYER in WP No. 50644 of 2025;

This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd Respondent in Roc. No.032451/Ad.6(3)/2022 dated 11.01.2025 as illegal and consequently direct the Respondents to regularize the Petitioners service as Helper with time scale of pay on completion of ten years of service from the date of initial appointment, i.e., from 20.09.2003 with all consequential benefits including arrears of salary and service continuity within a time frame as may be fixed by this Honble Court.

PRAYER in WP No. 50648 of 2025;

This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd Respondent in Roc. No.032456/Ad.6(3)/2022 dated 11.01.2025 as illegal and consequently direct the Respondents to regularize the Petitioners service as Helper with time scale of pay on completion of ten years of service from the date of initial appointment, i.e., from 20.09.2003 with all consequential benefits including arrears of salary and service continuity within a time frame as may be fixed by this Honble Court.

PRAYER in WP No. 50658 of 2025;

This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd Respondent in Roc. No.5335- 6/Ad.6(3)/ 2017 dated 22.03.2025 as illegal and consequently direct the Respondents to regularize the Petitioners service as Helper with time scale of pay on completion of ten years of service from the date of initial appointment, i.e., from 13.02.2003 with all consequential benefits including arrears of salary and service continuity within a time frame as may be fixed by this Honble Court.

PRAYER in WP No. 50660 of 2025;

This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd Respondent in Roc. No.032454/Ad.6(3)/2022 dated 11.01.2025 as illegal and consequently direct the Respondents to regularize the Petitioners service as Helper with time scale of pay on completion of ten years of service from the date of initial

appointment, i.e., from 12.06.2005 with all consequential benefits including arrears of salary and service continuity within a time frame as may be fixed by this Honble Court.

PRAYER in WP No. 50701 of 2025;

This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd Respondent in Roc. No.032453/Ad.6(3)/2022 dated 11.01.2025 as illegal and consequently direct the Respondents to regularize the Petitioners service as Helper with time scale of pay on completion of ten years of service from the date of initial appointment, i.e., from 01.12.2002 with all consequential benefits including arrears of salary and service continuity within a time frame as may be fixed by this Honble Court.

For Petitioner(s):

Mr.J.Raja Rao in all the writ petitions For Respondent:

Mr.M.Rajendiran, AGP in all the writ petitions COMMON ORDER This petition has been filed seeking to quash the impugned order passed by the 2nd Respondent in Roc. No.032454/Ad.6(3)/2022 dated 11.01.2025 as illegal and consequently direct the Respondents to regularize the Petitioners service as Helper with time scale of pay on completion of ten years of service from the date of initial appointment, i.e., from 12.06.2005 with all consequential benefits including arrears of salary and service continuity within a time frame as may be fixed by this Honble Court

2. It is the case of the petitioners that the petitioners were appointed as Helper at the Government Children Home in Authur, Salem District. Despite

serving without adverse remarks, the petitioners and others hired between 1992 and 1995 and they have been denied regularization, whereas others were regularized in the year 1997 and 2005 respectively. Hence, the petitioners have made representation to the respondents seeking regularization and the same was rejected vide order dated 11.01.2025. Aggrieved over the same, the petitioners have come up before this Court.

3. The learned counsel for the petitioners submitted that though the petitioners were appointed consolidated pay in the year 1992. However, till date, services were not regularized which is unjust. The petitioners are entitled for regularization. Therefore, this Court may allow the writ petitions by quashing the impugned order.

4. The learned Government Counsel appearing for the respondent submitted that the writ petitions are not maintainable as the petitioners have to approach the competent Court or authority before the appropriate authority. Therefore, the petitioner cannot entitled to claim regularization as a matter of right. If the petitioners are continuously working for more than 480 days, they have to approach the competent court or authority and not before this Court.

5. Heard the learned counsel for both sides and perused the materials available on record.

6. The issue arises in all the cases are disputed question of fact and the same can be adjudicated only before the competent court. As rightly submitted by the learned Government counsel that if the petitioners have any grievance with regard to the regularization, they have to file a petition before the competent Court or authority. Without doing so, filing the writ petitions before this Court is not maintainable and the same is liable to be dismissed.

7. With the above directions, all the writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 19-01-2026 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Secretary To Government Department Of Social Welfare, Government Of Tamilnadu, Secretariat, Chennai-600 009 2.The Commissioner And Director Of Social Welfare, Department Of Social Welfare, Chennai-600 005

3.The District Social Welfare Officer Ootacamound, The Nilgiris District.

4.The District Social Welfare Officer District Social Welfare Office, Kanchipuram 5.The District Social Welfare Officer O/o.The District Social Welfare Officer, Chennai.

6.The District Social Welfare Officer Salem District, Salem.

M.DHANDAPANI J.

rli WP No. 49663, 50644, 50648, 50658, 50660 and 50701 of 2025 19.01.2026