The Secretary To Government v. S.V. Tamilmani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.02.2024

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU CMP.No.9902 of 2021 1.The Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.

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

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

... Appellants Vs S.V.Tamilmani ... Respondent PRAYER: Writ Appeal has been filed under Clause 15 of Letter Patent against the order dated 22.09.2017 made in W.P.No.10190 of 2014. For Appellants :Mr.M.Bindran AGP Page No.1/4

For Respondent :Mr.L.Chandrakumar

JUDGMENT

(Judgment of the Court was made by K.KUMARESH BABU.,J.) Heard Mr.M.Bindran, learned Additional Government Pleader appearing for the appellants and Mr.L.Chandrakumar, learned counsel appearing for the sole respondent.

2. This Intra-Court Appeal had been preferred by the Government challenging the order passed by the learned Single Judge, wherein the learned Single Judge had set aside the para 6 of the G.O.Ms.No.74, Personnel and Administrative Reforms (F) Department, dated 27.06.2013 and consequentially directed the Writ Petitioners to be regularised in their services on completion of 10 years of service by virtue of G.O.Ms.No.22, P&A, Department, dated 28.02.2006, by also referring to various earlier orders passed by this Court.

3. In an identical circumstances, we had allowed the Intra Court Ap­ peal in W.A.Nos.606 of 2019 etc., batch, dated 16.08.2023, and had directed the regularisation of the services by holding that the cut off date to Page No.2/4

be the date of notification, dated 27.06.2013, for counting the period of 10 years of service, by reading down the Government Order in G.O. Ms.No.74, P&A, Department, dated 27.06.2013.

4.In such view of the matter, we do not find any reasons to in­ terfere with the impugned order challenged in this instant Intra-Court Appeal.

5.In fine, the Writ Appeal is dismissed and the direction is issued to the Appellants to comply with the order of the learned Single Judge, within a period of three months from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

(R.S.K.,J.) (K.B., J.) 27.02.2024 Index: Yes/No Speaking Order/Non Speaking Order pbn Page No.3/4

R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

pbn Writ Appeal No. 1569 of 2021 27.02.2024 Page No.4/4