The State Of Tamilnadu v. N.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.(MD)No.9050 of 2024 1.The State of Tamil Nadu, Represented by its, Additional Chief Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 600 009.
2.The Principal Chief Conservator of Forests and Chief Project Director (TBGP), Vellacherry Main Road, Nanmangalam, Chennai - 600 100.
3.The Principal Chief Conservator of Forests, Head of the Department, Panagal Building, Saidapet, Chennai - 600 015.
: Appellants Vs.
1.N.Raja 2.K.Vijay Anand 1/7
3.D.Prabhu Neill Rajkumar 4.R.SElvakumar 5.D.Selvaganesan 6.M.Palani 7.N.Satheesh 8.D.Sathyapriya 9.T.Muthumani 10.S.T.Vijayalakshmi 11.P.Shanthi 12.V.Sivakumar 13.S.Uma 14.P.Saraswathi 15.P.Amutha 16.G.Premila 17.M.Balamurugan 18.P.Karuppu 19.N.Ramesh Kannan 20.A.M.Marimuthu 21.R.Lakshmi 22.A.Margaret 23.S.Semina Banu 24.K.Thangamani 25.M.Jayavikraman 26.P.Karthik Kumar 27.P.Rajavel : Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 30.08.2023 made in REV.APLW.(MD)No.172 of 2023 and allow this Writ Appeal. 2/7
For Appellants : Mr.N.Satheesh Kumar Additional Government Pleader For Respondents 1, 3 to 19, 21 to 25 & 27 : Mr.M.Saravanakumar
JUDGMENT
************** [Judgment of the Court was delivered by R.SURESH KUMAR, J.] In view of the order passed on 12.07.2024 in W.A.(MD)No. 1139 of 2024, where the very same impugned order has already been set aside and the matter has been remitted back, in this Writ Appeal we dispense with the issuance of notice to the respondents. 2.Against the impugned common order already a Writ Appeal in W.A.(MD)No.1139 of 2024 has been filed and that was disposed of by our order dated 12.07.2024, where we have passed the following order:
"10.In the present Writ Appeal, we are only confine to the correctness of the order passed by the Writ Court in REV.APLW(MD)No.171 of 2023, dated 30.08.2023.
11.Even though the ground, that had been raised by the appellants, who are the review applicants before the Writ Court, was in relation to the communication dated 13.04.2022 at the time of hearing the review application, it seems that on behalf of the 3/7
respondent / writ petitioner it was brought to the notice of the learned Single Judge that by way of two communications, namely, 06.09.2017 and 09.03.2020, such an indication has been made that these service particulars are being collected only for the purpose of considering the regularization of the incumbents ie., the respondent employee.
12.If that is the impression given before the Writ Court and that was accepted by the learned Single Judge, which is reflected in paragraph No.4 of the impugned order, after having gone through the letters, especially, the letter dated 09.03.2020, where it has been specifically mentioned that it may further be noted that mere collection of details at Headquarters would not ipso facto confer any rights of regularization and the individual should not be given any indication on that account, we are not in agreement with the view expressed by the learned Single Judge in the order impugned by giving such direction to regularise the services of the respondent only on the basis of these two letters dated 06.09.2017 and 09.03.2020.
13.Therefore, we are of the view that the reasons, stated by the learned Single Judge in dismissing the said review application and giving such direction to the appellant Department to regularize the services of the respondent only on the basis of these two letters, may not be acceptable. Therefore, it is liable to be interfered with. Hence, the following orders are passed in this Writ Appeal:- 4/7
"that the order impugned is hereby set aside and the matter is remitted back to the Writ Court for reconsideration, where the Writ Court is requested to take up the review application and decide the same on merits and in accordance with law, of course, by allowing both the parties to put forth their cases by filing necessary supporting documents to that effect. So that a complete justice can be rendered on the issue raised in the present case.""
3.Since this is yet another Writ Appeal against the very same order arising out of REV.APLW.(MD)No.172 of 2023, this Writ Appeal also to be disposed of in the same line. Therefore, there shall be a similar order in this Writ Appeal also. 4.This Writ Appeal is ordered accordingly. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[R.S.K.,J.] & [G.A.M.,J.] 23.07.2024 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Secretariat, Chennai - 600 009.
2.The Principal Chief Conservator of Forests and Chief Project Director (TBGP), Vellacherry Main Road, Nanmangalam, Chennai - 600 100.
3.The Principal Chief Conservator of Forests, Head of the Department, Panagal Building, Saidapet, Chennai - 600 015.
6/7
R.SURESH KUMAR, J.
and G.ARUL MURUGAN, J.
MR ORDER MADE IN 23.07.2024 7/7