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2026 Supreme(Online)(Mad) 5282
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. Surender, J
Solaialagu K – Appellant
Versus
The Assistant Commissioner o – Respondent
W.P.(MD)No.2746 of 2026
For the Appellants/Petitioners: M. Jerin Mathew
For the Respondents: S. Kameswaran
The court directed the respondent authority to consider a representation for regularization of employment and associated benefits within a stipulated timeframe based on existing administrative proceedings.
Headnote:The petitioner sought a Writ of Mandamus under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, to direct the authorities to regularize their appointment effective from 22.12.1999. The petitioner had submitted a representation on 29.09.2025, following which the first respondent issued proceedings on 03.10.2025, but no further action was taken to grant notional review, monetary benefits, or inclusion in the old pension scheme. The primary issue was whether the second respondent should be directed to act upon the proceedings of the first respondent. The court observed that the government advocate consented to consider the petitioner's case within a specified timeframe, leading the court to dispose of the matter based on this submission. this writ petition is disposed of with a direction to the 2nd respondent to consider the petitioner's case based on the proceedings of the 1st respondent dated 03.10.2025 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
| Table of Content |
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| 1. the petitioner seeks a direction for regularization of employment and associated benefits based on prior administrative proceedings. (Para 1 , 2 , 3) |
| 2. the respondent authority agrees to consider the representation within a specific timeframe. (Para 4) |
| 3. the court directs the authority to pass orders on merits and in accordance with law within twelve weeks. (Para 5) |
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to act upon the proceedings of the 1st respondent in Na.Ka. No. E/3546/2025 dated 03.10.2025 seeking to regularize petitioner's appointment with effect from 22.12.1999 in accordance with the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and thereby granting applicable notional review and other monetary benefits and to bring him under the old pension scheme by passing appropriate orders on merits and in accordance with law within the period that may be stipulated by this Court.
O R D E R
This writ petition has been filed seeking a direction to the 2nd respondent to act upon the proceedings of the 1st respondent in Na.Ka. No.E/3546/2025 dated 03.10.2025 seeking to regularize petitioner's appointment with effect from 22.12.1999 in accordance with the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and thereby granting applicable notional review and other monetary benefits and to bring him under the old pension scheme by passing appropriate orders on merits and in accordance with law within the period that may be stipulated by this Court.
2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the official respondents. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
3. Seeking regularization and other reliefs, the petitioner submitted representation to the official respondents on 29.09.2025. Pursuant to the said representation, the first respondent has issued a proceedings dated 03.10.2025. Since no action has been taken on the said representation and on the proceedings of the 1st respondent, the petitioner is before this Court with this writ petition.
4. Learned Government Advocate, appearing for the official respondents, submits that the case of the petitioner's would be considered by the 2nd respondent within a period of twelve weeks.
5. In view of the above submissions, without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the 2nd respondent to consider the petitioner's case based on the proceedings of the 1st respondent dated 03.10.2025 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
