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WP No. 10225 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026

CORAM THE HON'BLE MS. JUSTICE P.T. ASHA

WP No.10225 of 2025

C.Murugesan S/o.Chinnakannu, Sweeper,

V.S.Sivalingam Chettiyar Government Arts College, Pulangurichi-630 405 Sivagangai,

Sivagangai District ..Petitioner(s)

Vs

1. Government Of Tamil Nadu Rep By Its Principal Secretary Higher

Education Department, Fort St.George, Chennai-600 009

2. The Joint Director Of Collegiate Education College Road, Chennai-600 015

3. The Principal V.S.Sivalingam Chettiyar Government Arts

College, Pulangurichi Sivagangai, Sivagangai District

..Respondent(s)

Writ Petition filed under Articled 226 of the Constitution of India to issue

a writ of certiorarified mandamus to call for the entire records, which culminated in passing the order bearing Na.Ka.No.5998/B4/2024 dated 09.07.2024 on the file of the second respondent quash the same and consequently direct the second respondent to pass appropriate orders to regularise the service of the petitioner in the cadre of Sweeper from the date of

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his initial appointment on 03.01.1996 with all consequential service and monetary benefits, in the light of the proceedings of the Director of Collegiate Education, Chennai dated 05.07.2021 passed in favour of Chinniah, within a

time frame.

For Petitioner(s): Mr.P.Ganesan For Respondent(s): Mr.Bindran

Additional Government Pleader

ORDER

The petitioner has filed the present writ petition for the following relief:

“to call for the entire records, which culminated in passing the order bearing Na.Ka.No.5998/B4/2024 dated 09.07.2024 on the file of the second respondent quash the same and consequently direct the second respondent to pass appropriate orders to regularise the service of the petitioner in the cadre of Sweeper from the date of his initial appointment on 03.01.1996 with all consequential service and monetary benefits, in the light of the proceedings of the Director of Collegiate Education, Chennai dated 05.07.2021 passed in favour of Chinniah, within

a time frame.”

2. It is the case of the petitioner that he joined as Sweeper in the

Government Arts College, Paramakudi, Ramanathapuram District, on 03.01.1996 on daily wage basis. On submitting repeated representations, individually as well as through association, vide order dated 05.11.2007, the petitioner’s service came to be regularized in the post of Sweeper from 05.11.2007, by virtue of which, his 12 years of service rendered by him has not

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WP No. 10225 of 2025

been taken into consideration. Thus, only from 05.11.2007, he became the

regular member of Government Service with all monetary and service benefits.

3. The learned counsel appearing for the petitioner would submit that

in identical circumstances in W.P.No.7884 of 2013, this Court, vide order dated 19.09.2014, allowed the writ petition by directing the respondents therein to regularize the service of the petitioner therein from the initial date of appointment. Similarly, following the aforesaid order, this Court has granted the same relief in another writ petition in W.P.No.5411 of 2021 by regularizing the service of the petitioner therein from the initial date of appointment. He would further submit that in Jaggo Vs. Union of India reported in 2024 SCC OnLine SC 3826, the Supreme Court had an occasion to consider a similar plea, wherein, it has been held that denial of basic right and benefits to temporary employees amounts to denial of fundamental rights such as pension, provident fund, health insurance and paid leave even when their tenure spans decades and this lack of social security subjects them and their families to undue hardship, especially in cases of illness, retirement or unforeseen circumstances. Stating so, the learned counsel prayed for the similar reli