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2025 Supreme(Online)(Mad) 73767

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
S. ELUMALAI – Appellant
Versus
PRINCIPAL SECRETARY TO GOVERNMENT – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.K. ILANTHIRAIYAN W.P.No.414 25 of 2025 S.Elumalai : Petitioner Vs.

1.Principal Secretary to Government, Municipal Administration and Water Supplies Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Kancheepuram City Municipal Corporation, Kancheepuram-631 502. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first respondent herein to regularise the services of the petitioners on completion of 3 years of service from date of their original appointment in the light of the Division Bench Judgment in WA No.1615 of 2018 dated 23.11.2023 and G.O.(2D) No.64, Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019 and G.O.(2D) No.68 Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019 with all consequential service and monetary benefits.

For Petitioner : M/s.G.Bala and Daisy For Respondents : Mr.C.Selvaraj Additional Government Pleader for R1 Mr.R.A.Gopinath Standing Counsel for R2

ORDER

This writ petition have been filed for direction directing the first respondent herein to regularise the services of the petitioners on completion of 3 years of service from date of their original appointment in the light of the Division Bench Judgment in WA No.1615 of 2018 dated 23.11.2023 and G.O.(2D) No.64, Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019 and G.O.(2D) No.68 Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019 with all consequential service and monetary benefits.

2. The petitioner was originally appointed as Typist-cum-Computer in the erstwhile Panchayat or Municipalities. On expansion of corporation limit as well as constitution of new corporation, the petitioner service was transferred and merged with his respective corporation. He has been working continuously under the administration and control of the respondents, without any break. He is receiving salary as per the minimum wages fixed by the District Collector from time to time on daily wage basis. He is working on full time basis for the past 20 years. Therefore, he submitted representation for regularisation of his service. 3. However, it was not considered as such, some of the similarly placed persons approached this Court and the Hon'ble Division Bench of this Court by an order dated 01.09.2015 in W.P.No.17858 of 2014 held that the petitioners are entitled to consideration for grant of time scale on regular basis, on the basis of performance assignment to be done on completion of three years and they are entitled for regularization on completion of three years with all consequential monetary benefits. The Hon'ble Supreme Court of India also confirmed the said order, by an order dated 13.02.2017 in S.L.P.(C).No.3170 of 2017.

4. In compliance of the said order, the first respondent herein passed order in G.O.(2D).No.64 Municipal Administration and Water Supplies (MC 3) department dated 08.08.2019, thereby regularized their service. By another order in G.O. (2D).No.68 Municipal Administration and Water Supplies (MC3) Department dated 27.08.2019, thereby ordered to regularize their service on completion of three years from the date of their original appointment.

5. That apart, in various writ petitions, this Court directed the respondents to regularise the service of the similarly placed persons within a stipulated time. By an order dated 23.11.2023, the Hon'ble Division Bench of this Court in W.A.No.1615 of 2018, directed the respondents to bring the petitioners therein, into regular time scale of pay, within a period of twelve weeks. The petitioner is also being the similarly placed person, he is also entitled for the same benefits of the said Government Orders. Hence, the present writ petition.

6. Heard the learned counsel appearing on either side and perused the materials placed

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