S.Krishnnan, v. The Government Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A(MD)NO.2193 OF 2021 S.Krishnan :Appellant/Petitioner .vs.

1.The Government of Tamil Nadu, represented by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3.The Commissioner, Devakkottai Municipality, Sivagangai District.

: Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.13718 of 2021, dated 06.10.2021 Prayer in WP(MD). 13718/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-12. To issue a Writ of Certorarified Mandamus to call for the records of the 3rd respondents impugned order in Na.Ka.No.3238/2006/C1 dt 17.03.2006 in Serial Number 7 and quash the same as devoid of merits consequently directing the respondents No.1 to 3 to grant entire service benefits to the petitioner as per the G.O(Ms) No. 125 dt 27.05.1999, G.O(Ms) No.71 dt 05.05.1998 r/w G.O(Ms) No. 101 dt 30.04.1997 by regularizing the petitioners service from 1997 by considering his representation dt 14.07.2021 within the period stipulated by this Honourable Court and pass such further or other order as this Honble Court may deem fit and proper in the nature and circumstances of the case and thus render justice For Appellant :Mr.A.Haja Mohideen For Respondents :Mr.S.R.A.Ramachandran 1 and 2 Addl.Govt.Pleader For Respondent-3 :Mr.J.Anandkumar Standing Counsel

JUDGMENT

********* [Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.] This Writ Appeal is directed against the order passed by this Court in W.P(MD)No.13718 of 2021, dated 06.10.2021. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The Petitioner was a daily-waged employee under the third respondent Municipality. When the Government proposes to regularize the services of the daily waged employees, G.O(Ms)No.71, MAWS Department, dated 5.5.1998 and G.O(Ms)No.21, dated 21.02.2006 has been issued. Based on the above said Government Orders, the service of the Petitioner was regularized w.e.f. 17.03.2006. The said regularization was accepted and the Petitioner continued in service till he attained superannuation, which was in the year 2017.

After retirement, the Petitioner made a representation on 14.7.2021, to consider the Petitioner's claim for regularization w.e.f.1997, which is after 15 years from the date or regularization, namely in the year 2006. Based on the decision of the Honourable Supreme Court of India, the learned Single Judge dismissed the Writ Petition stating that there was no explanation for the delay in claiming regularization before retirement, but also there is delay in making the claim even after the retirement. Since there was absolutely no reasons furnished by the Petitioner and also the fact that the Petitioner has accepted the regularization in the year 2006 without any objection and now seeking the relief of regulaization of service from the year 1997, is not acceptable. There is no merit in the case and thus the Writ Appeal fails.

4.For the reasons aforesaid, the Writ Appeal stands dismissed. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Vsn Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

3.The Commissioner, Devakkottai Municipality, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-39272[F] dated 17/12/2021 ) +1 CC to M/s.J.ANANDKUMAR, Advocate ( SR-39430[F] dated 17/12/2021 ) W.A(MD)NO.2193 OF 2021 16.12.2021 RD(3.01.2022) 3P 6C