Writ appeals filed by State officials challenging an order regularizing the service of watchmen. The High Court held that since the lower judge correctly considered the necessary recommendations, the appeals were dismissed without costs.
Nothing to note in these Writ Appeals. The connected Miscellaneous Petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD)No.1436 to 1440 of 2015 and M.P.(MD).Nos.1,1,2,1,2,1,2,1 & 2 of 2015
1.The Secretary to Government, Government of Tamil Nadu, Archaeological Department, Secretariat, Chennai-9
2.The Commissioner, Commissioner Office, Archaeological Department, Alak Salai, Egmore, Chennai-600 008.
3.The Assistant Director, Archaeological Department, Thirumalai Naiker Palace, Madurai. ... Appellants in all W.As. Vs.
1.S.Arumugam (Watchman) .. Respondent in W.A.(MD).No.1436 of 2015 2.P.Malaiyandi (Watchman).. Respondent in W.A.(MD).No.1437 of 2015 3.S.Murugan(Watchman) .. Respondent in W.A.(MD).No.1438 of 2015 4.V.Pandi(Watchman) .. Respondent in W.A.(MD).No.1439 of 2015 5.A.Genga Dhurai(Watchman).. Respondent in W.A.(MD)No.1440 of 2015
PRAYER: Writ Appeals are filed under Clause 15 of Letters Patent against the order dated 26.07.2013 passed by this Court in W.P. (MD).Nos.12100 to 12104 of 2013.
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Prayer in WP(MD). 12100/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent to pass suitable orders to regularize the petitioner s service as full time employee in the time scale of pay from the date of completion of ten years of part time service by considering the 2nd respondents recommendation in Na.Ka.NO.A1/8542/2010 dated 03.05.2013 within a period stipulated by this Honourable Court and pass such further or other orders.
Prayer in WP(MD). 12101/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent to pass suitable orders to regularize the petitioner s service as full time employee in the time scale of pay from the date of completion of ten years of part time service by considering the 2nd respondents recommendation in Na.Ka.NO.A1/8542/2010 dated 03.05.2013 within a period stipulated by this Honourable Court and pass such further or other orders.
Prayer in WP(MD). 12102/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent to pass suitable orders to regularize the petitioner s service as full time employee in the time scale of pay from the date of completion of ten years of part time service by considering the 2nd respondents recommendation in Na.Ka.NO.A1/8542/2010 dated 03.05.2013 within a period stipulated by this Honourable Court and pass such further or other orders.
Prayer in WP(MD). 12103/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent to pass suitable orders to regularize the petitioner s service as full time employee in the time scale of pay from the date of completion of ten years of part time service by considering the 2nd respondents recommendation in Na.Ka.NO.A1/8542/2010 dated 03.05.2013 within a period stipulated by this Honourable Court and pass such further or other orders.
Prayer in WP(MD). 12104/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent to pass suitable orders to regularize the petitioner s service as full time employee in the time scale of pay from the date of completion of ten years of part time service by considering the 2nd respondents recommendation in Na.Ka.NO.A1/8542/2010 dated 03.05.2013 within a period stipulated https://hcservices.ecourts.gov.in/hcservices/ by this Honourable Court and pass such further or other orders.
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For Appellants : Mr.V.Muruganantham in all the W.As. Additional Government Pleader
For Respondents : Mr.A.Hajamohideen in all the W.As
C O M M O N J U D G M E N T
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
These Writ Appeals by the Secretary to Government, Government of Tamil Nadu, Archaeological Department and two others are directed against the common order dated 26.07.2013, in W.P. (MD).Nos.12100 to 12104 of 2013.
Sd/Assistant Registrar
/True Copy/
Sub Assistant Registrar
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To
1.The Secretary to Government,
Government of Tamil Nadu, Archaeological Department, Secretariat,
Chennai-9
2.The Commissioner, Commissioner Office, Archaeological Department, Alak Salai, Egmore, Chennai-8.
3.The Assistant Director, Archaeological Department, Thirumalai Naiker Palace, Madurai.
+5cc to M/s. A.Haja Mohideen, Advocate, Sr No.54583. +1cc to Special Government Pleader, Sr No.54655
W.A.(MD)No.1436 to 1440 of 2015 26.04.2017
akv MS/BS/SAR-4/10.05.2017/4P.1OC
2 issues framed by the court
Whether the lower court committed error in issuing directions to regularize appealservants after considering their recommendation.
Whether the Gupta case principles alter the result in these writ appeals.
The Secretary to Government, Government of Tamil Nadu, Archaeological Department
The Commissioner, Archaeological Department
The Assistant Director, Archaeological Department, Thirumalai Naiker Palace
T.S.SIVAGNANAM
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
