IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No. 1053 of 2023

&

W.M.P.Nos. 1044 & 1045 of 2023

D.Senthil Kumar ...Petitioner

Vs.

1.The State of Tamil Nadu,

Rep by its Secretary,

Commercial Taxes and Registration (A1) Department,

Fort St. George,

Chennai – 600009.

2.The Principal Secretary / Commissioner for Commercial Taxes,

O/o The Commissioner for Commercial Taxes,

Ezhilagam, Chepauk,

Chennai – 600005.

3.The Joint Commissioner for State Tax (Commercial Taxes)

Commercial Taxes Department,

Vellore Division, Vellore – 632 001.

4.The Deputy Commissioner for State Tax (Commercial Taxes)

Office of the Deputy Commissioner for Commercial Taxes, Cuddlaore. ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records of the 3^rd respondent in the proceedings bearing RC.No.A2/10076/2022 dated 23.12.2022 and quash the same and consequently directing the respondents to regularise the services of the petitioner from the date of his initial appointment in the post of Driver with all service and attendant, monetary benefits on par with the drivers who were appointed subsequent to the petitioner in regular time scale of pay within a time frame fixed by this Court.

For Petitioner : Mr. G.Ilamurugu For Respondents : Mrs. K.Vasanthamala Government Advocate.

O R D E R

This writ petition has been filed for the following relief:

“calling for the records of the 3^rd respondent in the proceedings bearing RC.No.A2/10076/2022 dated 23.12.2022 and quash the same and consequently directing the respondents to regularise the services of the petitioner from the date of his initial appointment in the post of Driver with all service and attendant, monetary benefits on par with the drivers who were appointed subsequent to the petitioner in regular time scale of pay within a time frame fixed by this Court”.

2. The brief facts are as follows.

3. The petitioner was appointed as a daily wage Driver on regular basis (full time) against the sanctioned vacant post in the office of the Assistant Commercial Taxes Officer at Virudhachalam Enforcement Wing. The petitioner was directed to join duty by proceedings of the Commercial Tax Officer (Enforcement), Cuddalore dated 30.09.2004 and he had also reported for duty immediately. The said appointment was in consultation with the District Employment Exchange and along with the petitioner, two others, i.e., U.Selvam and P.Subramani, have also joined the duty.

4. The petitioner would submit that post his appointment he has been continuously working as a Driver without any blemish records and even during COVID period, he has been functioning continuously. The petitioner during this period has to work in various places within the range of the 3^rd respondent on deputation which is also on regular basis.

5. While so, the 2^nd respondent had called for the service particulars of U.Selvam and the petitioner, in order to regularise their services vide letter dated 05.10.2009, from office of the 3^rd respondent as the said Selvam and the petitioner had requested for regularisation.

6. The 2^nd respondent had instructed the 3^rd respondent to fill up the remaining vacancies for driver immediately from among Ex- Servicemen candidates and to send service particulars of the petitioner and Selvam for regularisation as there was no specific service rule seeking approval from the Government for regularising the post of driver.

7. The petitioner was under a bona fide impression that his service would be regularised and since there was no further orders, the petitioner gave a representation to the 2^nd respondent on 30.06.2021 seeking regularisation, as he had completed 17 years of service in the year 2021.

8. The petitioner would submit that his daily salary was a sum of Rs.615/- per day and a monthly salary of Rs.18,450/-, was sanctioned by proceedings dated 30.11.2022. The 2^nd respondent had once again recommende