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2024 Supreme(Mad) 996

R. SUBRAMANIAN, C. SARAVANAN, N. SENTHILKUMAR
M. Sivappa – Appellant
Versus
The State of Tamilnadu, Rep. by its Principal Secretary, Rural Development Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms.Dakshayani Reddy, Senior Counsel for Mr.C.Mahendran
For the Respondent:Mr.S.Silambanan Additional Advocate General Assisted by Mr.P.Muthukumar, Govt. Pleader, MR.D.Ravichander, Spl. Govt. Pleader

ORDER :

R.SUBRAMANIAN, J.

Upon being apprised of the conflicting opinions expressed by the Division Benches of this court, a learned Single Judge has referred the issue relating to the operation of G.O.Ms.No.74, Personnel and Administrative Reforms (F) Department, dated 27.06.2013 to a Larger Bench and hence the matter is before us.

2. The factual matrix:

Pursuant to the decision of the Hon’ble Supreme Court in Secretary, State of Karnataka and Others vs. Umadevi and others, reported in 2006 (4) SCC 1, the State of Tamil Nadu issued G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006 directing regularisation of all temporary employees, who had completed ten years of service as on 01.01.2006. The said Government order is extracted for convenience.

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The said Government Order did not make any difference between those, who have been appointed through Employment Exchanges and others or between Part-Time and Full-Time Employees. Several claims for regularisation were made under the said Government Order and some cases reached this court also. Nearly after eight years, on 27.06.2013 the Government issued G.O.Ms.No.74 dated 27.06.2013 which in effect restrict

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