The State Of Tamil Nadu v. K.Kathaiyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2018

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.No.2704 of 2018 and CMP No.22103 of 2018

1. The State of Tamilnadu, Rep. by its Secretary to Government, Animal Husbandry, Dairying & Fisheries Department, Fort St. George, Chennai - 600 009.

2. The Commissioner and Director, Animal Husbandry and Veterinary Services, DMS Buildings, Chennai - 600 006.

3. The Regional Joint Director, Animal Husbandry Department, VOC Nagar, Thanjavur.

4. The Assistant Director, Animal Husbandry Department, Thanjavur and Dist.

... Appellants Vs.

K.Kathaiyan ... Respondent Writ Appeal filed under Clause 15 of the Letters Patent against the Order dated 17.11.2016 made in WP.No.10165 of 2009 filed Under Section 226 of the Constitution of India, to issuer a Writ of Certiorarified Mandamus or any other appropriate Writ or order of direction calling for records on the file of the 1st respondent in G.O.ms.No.117 Animal Husbandry Dairying and Fisheries (AH7) Department dt. 28.8.08 and on the file of the 4th respondent in proceedings 1.

Na.Ka.No.1076/A/04-2 dt 17.9.2008 and 2.

Na.Ka.No.1076/A/04 dt 12.2.2009 and quash the same and direct the respondents to regularize the services of the petitioner w.e.f. 1.7.99 the date of joining in the regular post as Animal Husbandry Assistant and direct the respondents to sanction increment w.e.f. 1.7.2000 with all consequential service and monetary benefits.

For Appellants :

Mr.P.S.Sivashanmugasundaram Special Govt. Pleader

J U D G E M E N T (Order of the Court was delivered by S.MANIKUMAR, J) Instant writ appeal is filed against the order passed in WP.No.10165 of 2009 dated 17.11.2016, by which the writ Court directed regularization of the services of the respondent from 01.07.1995, the date of initial appointment.

2. On an earlier occasion, while dealing with the same subject matter, this Court after hearing the learned Special Government Pleader and taking note of the orders of this Court, dismissed WA No.2631 of 2018 on 30.11.2018.

3. In view of the above, instant writ appeal is dismissed. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS viii) //True Copy// Sub Assistant Registrar ars To

1. The Secretary to Government, Animal Husbandry, Dairying & Fisheries Department, Fort St. George,Chennai - 600 009.

2. The Commissioner and Director, Animal Husbandry and Veterinary Services, DMS Buildings, Chennai - 600 006.

3. The Regional Joint Director, Animal Husbandry Department, VOC Nagar, Thanjavur.

4. The Assistant Director, Animal Husbandry Department, Thanjavur and Dist.

W.A.No.2704 of 2018 and CMP No.22103 of 2018 A.SK(07/03/2019)