IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No.32021 of 2022 S.Shanmugam S/o. P. Subramani No.111, New Street, Mohanoor, Namakkal District.

..Petitioner(s)

Vs

1. The Principal Secretary to the Government Rural Development and Rural Department, Fort St.George, Chennai-600 009.

2. The Director, Rural Development and Rural Department, Panagal Building, Saidapet, Chennai-600 015.

3. The District Collector, District Collector Office, Namakkal District.

4. The Commissioner, Mohanoor Panchayat Union, Mohanoor, Namakkal District.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3rd respondent in Na.Ka. No.V / 2 / 11357 / 2021 dated 24.06.2022 by quash the same and consequently direct the respondents to consider his application for reguarization of service in the 4th respondent Panchayat Union.

For Petitioner(s): M.E.Rani Selvam For Respondent(s): Mr.V.Jeevagiridharan Additional Government Pleader (for R1 to R3)

Mr.T.Arunkumar Additional Government Pleader(for R4)

ORDER

The writ petition is filed challenging the impugned order passed by the

3rd respondent dated 24.06.2022 insofar as it rejects the petitioner’s request / application for regularisation of service under the 4th respondent Panchayat Union.

2. It is stated that the impugned order was issued on the premise that petitioner does not fall within the purview of G.O.Ms.No.55 issued by the Rural Department and Panchayat Department dated 15.06.2006. It is stated that the above G.O. came to be issued while dealing with the request for appointment in Panchayat Union persons engaged in hand pump maintenance works continuously for decades under grade pay and permanent job. The above G.O. provided that persons working as Fitter Helpers appointed from 1981 to 01.04.1987, based on eligibility were to be appointed in the vacant post of Night Watchman or Office Assistant Post in Panchayat Union subject to the conditions contained therein. The relevant portions of the Government Order is extracted hereunder:

“4. The Government has carefully considered the above recommendation of the Director of Rural Development and Panchayat Raj. After deep consideration the Government orders among the 978 persons working as Fitter Helpers 933 persons alone appointed from 1982 to 1.4.1997 based on eligibility be duly appointed in the vacant posts of Night Watchman and Office Assistant posts in panchayat union subject to the following condition.

a) Fitter helpers appointed from 1982 to 1.4.1997 from the day each of them completed 10 years service without any interruption, for appointing than as Night Watchman as Office Assistant and brining them under Grade pay and regularizing their services, power is given to concerned District Collectors.

b) Though the Fitter Helpers are posted as Night Watchman or Office Assistants, for proper functioning of Drinking water supply works shall attend to help the repair works in Panchayat Unions carried out by the Fitters.

c) All the monetary benefits available on regularization of Fitter, Helpers job shall be paid from the date of issue of the Government order. No pay arrears will be paid.

d) While appointing and regularizing Fitter Helpers as Office Assistant or Night Watchmen if relaxation of any Rule is required director is requested to send proposal based or due Rules to Government seeking relaxation of Rule.

e) This order will apply to Fitter Helpers appointed from

1982 to 1.4.1997 period only. Fitter helpers appointed after

1.4.1997 are to be paid on daily wages basis only.

f) If there is not enough vacancies for the Fitter helpers in the concerned Districts after obtaining consent of the concerned employees only appointment for them in the nearby Districts be made.

g) The employees regularized under this instance are to be brought under Contributerily Pension Sc