IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
S.KAMATCHI – Appellant
Versus
THE DIRECTOR – Respondent
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WP No. 15066 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-02-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WP No. 15066 of 2024
S.Kamatchi
..Petitioner(s)
Vs
1. The Director
Adi Dravidar And Welfare Department,
Chepauk, Chennai-600 005.
2. The District Collector,
Salem District, Salem-636 001.
3. The District Adi Dravidar Welfare Officer,
Salem District, Collectorate Campus, Room
No.109, First Floor, Salem 636 001.
4. The Special Tahsildhar (adw)
Attur Taluk 636 102, Salem District.
..Respondent(s)
Prayer: Petition filed under Article 226 of the Constitution of India praying for
issuance of Writ of Mandamus directing the respondents to pass orders for
regularization of service of the petitioner in the post of Cook from the date of
appointment on 04.03.2016 with salary and other service benefits in
consideration of representation submitted by the petitioner dated 08.12.2023
and 18.12.2023.
For Petitioner(s): Mr.Mr.Jayamalan
For Respondent(s): Mrr.P.Balathandayutham,
Special Government Pleader
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ORDER
This Writ Petition has been filed seeking a direction to the respondents to
pass orders for regularization of service of the petitioner in the post of Cook
from the date of appointment on 04.03.2016 with salary and other service
benefits in consideration of representation submitted by the petitioner dated
08.12.2023 and 18.12.2023.
2. It is the case of the petitioner that she was appointed as Cook in the Adi
Dravidar Welfare Department by the proceedings of the 3rd respondent dated
03.03.2016 and joined service on 04.03.2016 at Government ADW College
Women Hostel, Vadachennimalai. Subsequently, the petitioner was relieved
from service by the order dated 23.12.2017 passed by the 2nd respondent.
Thereafter, she was reinstated into service on 02.03.2018 however, her salary
was stopped with effect from 01.08.2018. Aggrieved by the non-payment of
salary, the petitioner filed a Writ Petition before this Court in W.P.No.28190 of
2019 seeking payment of salary with effect from 01.08.2018 which was
disposed of by this Court with a direction to the 3rd respondent to pay the salary
based on the order of appointment dated 03.03.2016. Challenging the said
order, the respondents preferred Writ Appeal before the Division Bench of this
Court which was dismissed by order dated 04.10.2013 with a direction to make
payment of salary to the petitioner for the relevant period i.e., 01.08.2018 to
17.03.2020. As against the order of dismissal, the Department preferred the
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##PAGE3##WP No. 15066 of 2024
Special Leave Petition before the Hon’ble Apex Court which also ended in
dismissal. Despite the above orders having attained its finality, the petitioner
has neither been paid with salary for the relevant period nor her services were
regularized and therefore, in order to espouse the said cause, the petitioner
submitted a representation dated 18.12.2023 to the respondents which did not
evoke any response. Hence, the petitioner has come up with the present Writ
Petition.
3. Learned counsel appearing for the petitioner submitted that, during the
pendency of the Writ Petition, the 3rd respondent sent a reply dated 02.02.2024
pursuant to the petitioner’s representation stating that the petitioner’s name has
been included in the seniority list of cooks working in the adi Dravidar and
Tribal Welfare Schools and Hostels in Salem District at Serial No.146. It was
further stated that, the order of regularization and declaration of probation
would be subject to the orders to be passed by this Court as well as the outcome
of the investigation by the Anti-Corruption and Vigilance Department.
Therefore, this Court may issue a direction to the respondents to implement the
order dated 02.02.2024 within the reasonable time that may be stipulated by this
Court.
4. On the above contention, this Court heard t
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