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2026 Supreme(Online)(Mad) 39492

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
M.SANTHI – Appellant
Versus
THE SECRETARY TO GOVERNMENT – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP Nos. 16768 & 33624 of 2025 M.Santhi W/o Munirasu, J.J. Nagar, Kalappampadi, Pennagaram, Dharampuri.

..Petitioner Vs

1. The Secretary To Government Social Welfare and Women Empowerment Department, Secretariat, Chennai 600 009.

2. The Commissioner Commissioner of Social Welfare, No.1 Panagal Maligai Building, II Floor (Near Kalaignar Arch ) Jeenis Road Saidapet, Chennai - 600 015.

3. The District Collector Office of The Collectorate, Dharmapuri District - 600 015.

4. The Commissioner Panchayat Union Office, Pennagaram Pennagaram Block, Dharamapuri District - 636 810.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to regularize the services of the petitioner as Computer Assistant /Junior Clerk with Computer knowledge in the light of her continuous engagement from January 2013 without altering her service condition in any manner and with all consequential and attendant benefits and pass orders.

For Petitioner: Mr.V.Vijayashankar For Respondents: Mr.P.Balathandayutham Special Government Pleader for R1 to R3

ORDER

The writ petition has been filed seeking a mandamus to the respondent to regularise the services of the petitioner as Computer Assistant / Junior Clerk in the light of her continuous engagement from January 2013 without altering her service condition and to pay her the consequential attendant benefits.

2. The brief facts alleged in the affidavit are as follows :

(a) The petitioner herein was appointed as Data Entry Operator in the office of the Panchayat Union Block, Pennagaram on temporary basis, vide proceedings of the 3rdrespondent, the District Collector, Dharmapuri, dated 12.01.2013, under the Noon Meal Scheme, on a consolidated pay of Rs.9,000/- per month and term of service indicated in the appointment order was for one year.

(b)On completion of one year, the 3rdrespondent gave an artificial break for about 1 or 2 days to the petitioner and once again vide its order dated 22.01.2014, had re-engaged her into service in the very same place i.e., Pennagaram Panchayat Block.

(c)Thereafter, the petitioner's post was redesignated as Computer Assistant and her salary was increased to Rs.12,000/- per month. Vide G.O.(D) No.23 dated 01.02.2025, the nomenclature of Computer Assistant was redesignated as Junior Clerk with Computer Knowledge and the salary was revised to Rs.14,000/- vide order dated 04.02.2025.

(d)While so, the 3rd respondent vide its proceedings dated 28.03.2025 had communicated that the 8 individuals including the petitioner herein who were working on temporary basis as Junior Clerk with Computer Knowledge in the Panchayat Union, need not be disengaged from service but that their salary shall not be paid from the General Fund of Panchayat Union. This proceedings also refers to the communication of the 2ndrespondent dated 28.02.2025, relating to relieving the said 8 individuals from service and the reply of the 3rdrespondent dated 18.03.2025, requiring the 2ndrespondent to certify that the appointment of the said individuals, was not done in an illegal /

irregular manner.

(e)The petitioner who is now aged 43 years would submit that since she was appointed in the year 2013 by due selection process and had completed 13 service of service in Pennagaram Panchayat Union and had crossed the age limit of employment, she may not get employment elsewhere, in case of she being disengaged from service by the respondents . Therefore, the petitioner had submitted a representation dated 02.03.2025, seeking to regularise her service. Since the same was not considered, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner would submit that since the petitioner had been working continuously in Pennagaram Panchyat Union for the past 13 years, the break deliberately given by the respondents for 1 or

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