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2026 Supreme(Online)(Mad) 49480
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
G. Chinnaraji – Appellant
Versus
Secretary To Government – Respondent
WP No. 38449 of 2024 | WMP NO. 41643 OF 2024
For the Appellants/Petitioners: A. Pramila
For the Respondents: V. Sivalingam
A writ of mandamus seeking service regularization and re-employment cannot be granted when the underlying order of termination has not been challenged and remains in force.
Headnote:The petitioner sought a Writ of Mandamus to direct the authorities to consider a representation for appointment as Masalchi on a time scale of pay and to regularize service from the date of initial appointment under Article 226 of the Constitution of India. The Court noted that the petitioner had been terminated from service in 2021, and this order remained unchallenged. The issue before the Court was whether the relief sought could be granted despite the subsisting termination order. The Court reasoned that since the order of termination reached in 2021 was never challenged, the petitioner lacked the legal basis to seek regularization or re-employment through the current writ petition. The writ petition was dismissed.
| Table of Content |
|---|
| 1. relief sought by the petitioner under article 226 for regularization. (Para 1 , 2) |
| 2. failure to challenge a previous termination order bars the current claim for relief. (Para 3 , 4) |
PRAYER
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 16.10.2024 and consequently direct the 3rd respondent to permit the petitioner as Masalchi on time scale of pay to the 3rd respondent office and accordingly direct to the respondents to regularize the service of the petitioner from the initial dated of appointment i.e., 11.5.2020.
Order
This writ petition is filed for the following relief:
“To issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 16.10.2024 and consequently direct the 3rd respondent to permit the petitioner as Masalchi on time scale of pay in the 3rd respondent office and accordingly direct the respondents to regularize the service of the petitioner from the initial dated of appointment i.e., 11.5.2020.”
2. Heard the learned counsels on both sides and perused the materials available on record.
3. It is brought to the notice of this Court that the petitioner has been terminated from service by proceedings dated 25.02.2021 in Na.Ka.A4/2362/2017-1. The said order has not been challenged by the petitioner.
4. In view of the fact that the order of termination dated 25.02.2021 has not been challenged by the petitioner, the relief sought for in this writ petition cannot be granted. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
