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Madras High CourtWP(MD)/4635/2021dismissed

Chinnadurai.G v. The State Director

2025-11-04Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2025

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos.3746 & 3751 of 2021 G.Chinnadurai : Petitioner in W.P.(MD)No.4635/21 K.Arumugam : Petitioner in W.P.(MD)No.4638/21 Vs.

1.The State Director, Nehru Yuva Kendra Sangam, Chennai.

2.The District Collector / Chairman, Government Youth Hostel, Madurai.

3.The Manager (Incharge), Government Youth Hostel, Race Course Stadium, Madurai.

: Respondents in all Writ Petitions 1/6

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, to issue Writs of Certiorarified Mandamus, to call for the records pertaining to the impugned order made in Ka.No.YH/2018-19 dated 05.12.2018 on the file of the third respondent and quash the same as illegal and consequently for a direction, directing the respondents 1 & 2 to regularize the petitioner's service in the post of Sweeper or any other equivalent post within a time frame stipulated by this Court. For Petitioner : Ms.A.S.Neya for Mr.G.Anto Prince For Respondents 1 & 3 : Mr.K.Govindarajan Deputy Solicitor General of India For Respondent No.2 : Mr.C.Satheesh, Government Advocate [In all Writ Petitions] COMMON ORDER These Writ Petitions have been filed challenging the impugned orders passed by third respondent dated 05.12.2018, terminating the services of the respective petitioners on the ground that the Government Youth hostel where they were working has now been closed.

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2.Admittedly, the respective petitioners were working only as temporary employees on consolidated pay basis. Though the respective petitioners may claim that they have been working for more than 25 years, their services were never regularised by the respondents. The said contention is also disputed by the respondents as seen from their counter filed before this Court. 3.Admittedly, the post of Sweeper alleged to have been held by the respective petitioners for more than 25 years is not a sanctioned post. Since the post is not a sanctioned post and that too when the Government Youth hostel where the respective petitioners were working has been closed, the question of regularizing the services of the petitioner as permanent employees does not arise.

Only due to the fact that the Government Youth hostel where the respective petitioners were recognized as temporary employees on consolidated pay basis was closed, their services have been terminated under the impugned orders. The decision rendered by the Hon'ble Supreme Court in Uma Devi's case has been rightly applied by the third respondent under the impugned orders both dated 05.12.2018, for terminating the services of the respective petitioners. This Court does not find any infirmity in the impugned orders passed by the third respondent both dated 05.12.2018.

4.For the foregoing reasons, this Court does not find any merit in these Writ Petitions. Accordingly, both the Writ Petitions stand dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 04.11.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The State Director, Nehru Yuva Kendra Sangam, Chennai.

2.The District Collector / Chairman, Government Youth Hostel, Madurai.

3.The Manager (Incharge), Government Youth Hostel, Race Course Stadium, Madurai.

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ABDUL QUDDHOSE.

, J.

MR 04.11.2025 6/6