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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. Sathya Narayana Prasad, J.
C. Selvaraj - Petitioner
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary to the Government, Environment and Forest Department and ors. - Respondents
Writ Petition No.30868 of 2023
Decided On : 21-01-2025
| Table of Content |
|---|
| 1. petition seeks regularization of driver’s service (Para 1 , 2) |
| 2. arguments regarding compliance with regularization rules (Para 3 , 4 , 5 , 6) |
| 3. court’s previous rulings on similar cases (Para 7 , 8 , 9 , 10) |
| 4. establishment of ratio decidendi based on precedent (Para 11) |
| 5. final order to regularize petitioner’s service and benefits (Para 12) |
ORDER :
J. Sathya Narayana Prasad, J.
The petitioner has filed this petition to call for the records relating to the proceedings issued by the second respondent in Proc..No.S2/17362/2023 dated 04.09.2023 and quash the same and consequently direct the respondents to regularise the service of petitioners as driver from the date of initial appointment in the light of W.P.(MD) No.11106 of 2013, dated 12.07.2017 confirmed in W.A.(MD)No.686 of 2017, SLP.No.29276 of 2018 dated 04.09.2018 implemented vide G.O.Ms.No.03 Environment and Forest Department dated 11.01.2019. Order made in W.P.No.2650 of 2019 etc., dated 12.06.2019, for 10 Drivers” similarly placed as that of the petitioner, confirmed in Order made in W.A.No.391 of 2020 etc., as against W.P.No.2650 of 2019 etc., and implemented vide G.O.Ms.No.8 Environment and Forest (FR.2.II) Department dated 22.01.2021 with all consequential service and monetary benefits.
2. The case of the petitioner is that the petitioner was appointd as a Driver on daily wage basis from 01.04.2006 in Pitchavaram Range, Cuddalore District. Since the petitioner has worked as Driver for more than 10 years as daily wages with respondent department, he made a request before the respondents to regularize his service. However, the same was not considered. Hence, the petitioner has filed a writ petition before this Court in W.P.No.18320of 2023, seeking regularization of service as Driver and this Court by its order dated 22.06.2023 issued a direction to the respondents to consider the petitioner's case, on receipt of fresh representation from him. Pursuant to which the petitioner made a fresh representation before the respondents and the same was rejected by the second respondent vide Proc.No.S2/17362/2023 dated 04.09.2023 stating that the petitioner has not completed 10 years of service as on 01.01.2006 as per G.O.Ms.No.22 P & AR Department and not satisfied the essential conditions for regularisation of service as prescribed in G.O.Ms.NO.74, P & AR Department, dated 27.06.2013. Challenging the same, the petitioner has come forward with the present writ petition.
3. Learned counsel for the petitioner would submit that the matter is no longer res-integra and the same is covered by the dictum laid down by the Madurai Bench of this Court in W.P.(MD)No.11106 of 2013 dated 12.07.2017 and also the order passed by this Court in W.P.No.9274 of 2021, dated 20.09.2023. Hence, he prayed for allowing this writ petition.
4. Learned Government Advocate appearing for the respondents would submit that the representation letter of the petitioner as per the order of this Court was received on 29.08.2023. Thereafter, on perusal of his application and other relevant documents and service particulars, it was submitted to the Principal Chief Conservator of Forests, Chennai vide this office Ref.No.5248/2023/E, dated 30.08.2023:
| Sl. No | Date from which engaged | Total working periods | Details of break in service | Total Break in service | Total net working service period as on date | ||||||||
| From | To | Y | M | D | From To | Y M D | Y | M D | |||||
| 1 | Apr-06 | Nov- 07 | 1 | 8 | 0 | – | -- | -- | -- | -- | 1 | 8 | 0 |
| 2 | Dec-07 Mar- | 2010 | -- | -- | -- | 1201 07 | 0331 10 | 2 | 4 | -- | 0 | 0 | 0 |
| 3 | Apr- 2010 | Mar- 2011 | 1 | 0 | 0 | – | – | – | – | 1 | 0 | 0 | |
| 4 | Mar-13 March | -2014 | 1 | 1 | – | – | – | – | – | 1 | 1 | 0 | |
| 5 | Apr-14 | Jul-14 | – | – | – | 4 | – | – | – | 0 | |||
| 6 | Aug-14 Mar- | 15 | 0 | 8 | 0 | – | – | – | – | – | 0 | 8 | 0 |
| Apr-15 | Jun-15 | 0401 15 | 0630 15 | – | 3 | – | – | – | -- | ||||
| 7 | Jul-15 | Mar- 16 | 0 | 9 | 0 | -- | -- | -- | 9 | 0 | |||
| 8 | Total period | 4 | 10 | 5 | 2 | 0 | |||||||
5. Learned Government Advocate appearing for the respondents would submit that in view of the above, the service particulars of the petitioner Thiru.C.Selvaraj, daily wage driver has been carefully examined with respect to applicable rules and guidelines and it is found that the petitioner was not initially appointed on full time basis in consulta
Regularization of service for daily wage employees must adhere to principles of equality and previous judicial decisions supporting entitlement after sufficient service, regardless of breaks.
The main legal point established in the judgment is that contract employees, who have worked for a significant period and possess the necessary qualifications, are entitled to seek regularization of ....
Long-serving contractual employees performing regular duties entitled to regularization consideration on parity with similarly situated juniors, per equality under Articles 14/16.
The main legal point established in the judgment is that the denial of regularization of the petitioners' services from the completion of 10 years of service in 2002 was discriminatory and contrary t....
The main legal point established in the judgment is that the denial of regularization to a daily waged worker, who fulfills the criteria for regularization as per the government's policy and when a p....
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