This common order dismissed numerous writ petitions filed by ex-service personnel engaged by TASMAC under contract via TEXCO. The Court held that their claim to direct employment and regularization was unfounded as their appointment was contractual, following a precedent by the Principal Bench.
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 : 14.02.2020
CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)Nos.1048, 1051, 1052, 1065, 1066, 1069, 1070, 1071, 1072, 1074 of 2020, 919 to 947 of 2020, 949, 950, 952, 954 to 958, 960, 961, 963 & 971 of 2020
and
W.M.P.(MD)Nos.2512 to 2516 to 2520,2521, 2522, 2523, 2524, 2525, 2526,2527, 2528,2529, 2531, 2532 to 2534, 2536, 2537, 2561, 2562, 2563, 2568, 2569, 2570 to 2589, 2591, 2593 of 2020, 702 to 720, 722 to 732, 736, 739, 742 to 747, 748, 749 to 754, 756, 757, 771, 772, 835, 838, 839, 855, 857, 859, 861 to 864 of 2020
| Sundararajan | ... Petitioner | in WP(MD). | 1048 | of | 2020 |
|---|---|---|---|---|---|
| Pandiyarajan | ... Petitioner | in WP(MD). | 1051 | of | 2020 |
| Jeyaraj | ... Petitioner | in WP(MD). | 1052 | of | 2020 |
| Sagayaraj | ... Petitioner | in WP(MD). | 1065 | of | 2020 |
| S.Mohan | ... Petitioner | in WP(MD). | 1066 | of | 2020 |
| Marthandan | ... Petitioner | in WP(MD). | 1069 | of | 2020 |
| Vincent Selvam | ... Petitioner | in WP(MD). | 1070 | of | 2020 |
| Vaithiyalingam | ... Petitioner | in WP(MD). | 1071 | of | 2020 |
| Rajmohan | ... Petitioner | in WP(MD). | 1072 | of | 2020 |
| Sethupathi | ... Petitioner | in WP(MD). | 1074 | of | 2020 |
| R.Varadharajan | ... Petitioner | in WP(MD). | 919 | of | 2020 |
| R.Murugan | ... Petitioner | in WP(MD). | 920 | of | 2020 |
| R.Jawaharlal Nehru. | ... Petitioner | in WP(MD). | 921 | of | 2020 |
| M.Thangarajan | ... Petitioner | in WP(MD). | 922 | of | 2020 |
| K.Muthukumar | ... Petitioner | in WP(MD). | 923 | of | 2020 |
| M.Pandiaraj | ... Petitioner | in WP(MD). | 924 | of | 2020 |
| K.Chandran | ... Petitioner | in WP(MD). | 925 | of | 2020 |
| V.Ganeshan | ... Petitioner | in WP(MD). | 926 | of | 2020 |
| V.Pothiraj | ... Petitioner | in WP(MD). | 927 | of | 2020 |
| S.Chinnachamy | ... Petitioner | in WP(MD). | 928 | of | 2020 |
| R.Gnana Prakasam | ... Petitioner | in WP(MD). | 929 | of | 2020 |
| K..Pandiyarajan | ... Petitioner | in WP(MD). | 930 | of | 2020 |
| S.Ramdass | ... Petitioner | in WP(MD). | 931 | of | 2020 |
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| N.Murugesan | ... | Petitioner in WP(MD). 932 of | 2020 |
|---|---|---|---|
| S.Duraisamy Pandiyan | ... | Petitioner in WP(MD). 933 of | 2020 |
| P.Raja | ... | Petitioner in WP(MD). 934 of | 2020 |
| D.Murugan | ... | Petitioner in WP(MD). 935 of | 2020 |
| M.Murugavel | ... | Petitioner in WP(MD). 936 of | 2020 |
| S.Chinnasamy | ... | Petitioner in WP(MD). 937 of | 2020 |
| A.Devaraju | ... | Petitioner in WP(MD). 938 of | 2020 |
| C.Nicolas, | ... | Petitioner in WP(MD). 939 of | 2020 |
| K.Virumandy | ... | Petitioner in WP(MD). 940 of | 2020 |
| K.Srinivasan | ... | Petitioner in WP(MD). 941 of | 2020 |
| G.Rajendran | ... | Petitioner in WP(MD). 942 of | 2020 |
| S.Senthilrajan | ... | Petitioner in WP(MD). 943 of | 2020 |
| M.Lenin | ... | Petitioner in WP(MD). 944 of | 2020 |
| B.Ganesan | ... | Petitioner in WP(MD). 945 of | 2020 |
| D.Sekaran | ... | Petitioner in WP(MD). 946 of | 2020 |
| J.Ramachandran | ... | Petitioner in WP(MD). 947 of | 2020 |
| S.Muniyasamy | ... | Petitioner in WP(MD). 949 of | 2020 |
| M.Ramesh Kumar | ... | Petitioner in WP(MD). 950 of | 2020 |
| P.Prakasam | ... | Petitioner in WP(MD). 952 of | 2020 |
| G.Muthukumar, | ... | Petitioner in WP(MD). 954 of | 2020 |
| P.Ravindran |
... | Petitioner in WP(MD). 955 of | 2020 |
| K.Nagarajan | ... | Petitioner in WP(MD). 956 of | 2020 |
| S.Muthukumaran | ... | Petitioner in WP(MD). 957 of | 2020 |
| A.Ravi, | ... | Petitioner in WP(MD). 958 of | 2020 |
| G.Krishnamurthy | ... | Petitioner in WP(MD). 960 of | 2020 |
| A.Kumaraguruparan | ... | Petitioner in WP(MD). 961 of | 2020 |
| S.Saravanan | ... | Petitioner in WP(MD). 963 of | 2020 |
| V.Rajendran | ... | Petitioner in WP(MD). 971 of | 2020 |
1.The Secretary to Govt., Government of Tamilnadu, Home, Prohibition and Excise (VI) Department, Secretariat, Fort St.George, Chennai
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2.The Manaing Director, Tamilnadu State Marketing Corporation Ltd (TASMAC), 4th Floor, CMDA Tower II, Gandhi Irwin Bridge Road, Egmore, Chennai-008.
3.The Senior Regional Manager, Tamilnadu State Marketing Corporation Ltd (TASMAC), Office of the Senior Regional Manager, TASMAC, Trichy.
4.The General Manager, Tamilnadu Ex Service Mens Corporation (TEXCO)
No.2, West Monda St, Srinagar Colony, Saidapet, Chennai.
... Respondents in WPs(MD).
1048,1051,1052,1065,1066,1069,1070,1071,1072,1074 of 2020
3.The Senior Regional Manager Tamilnadu State Marketing Corporation, (TASMAC) Anna Nagar, Madurai-20 4.The General Manager, Tamilnadu Ex-Service Mens Corporation Ltd., (Texco) No.2, West Monda St, Srinagar Colony, Saithapet, Chennai
... Respondents in WP(MD).
919,921,922,923,924,925,926,927,928,929,930,931, 932,933,934,935,936,937,938,939,940,941,942, 943,944,945,946,947,949,950,954,958,961 of 2020.
... Respondents in WP(MD). 920,952, 955,956,957,960,963,971 of 2020
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Common Prayer in WP(MD).Nos.1048,1051,1052,1065,1066,1069,1070, 1071,1072, 1074, 919, 921, 922,923,924,925,926,927,928, 929, 930, 931, 932, 933, 934,935,936,937,938,939,940,941,942, 943,944,945,946, 947, 949,950,954,958,961 of 2020
Writ Petitions are filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to regularise the service of the petitioners as Junior Assistant in the 2nd respondent Corporation from the date of initial appointment till retirement in the light of GO Ms.No.44 dated 12.7.2018 issued by the first respondent and consequently to pay all other monetary benefits on par with the other employees of the 2nd respondent corporation.
Prayer in WP(MD). 920,952,955,956,957,960,963,971 of 2020 :
Writ Petitions are filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Madamus Calling for the rocords connected with the impugned order dated 06-01-2020 passed by the 5th Respondent and quash the same as illegal consequently directing the respondents to regularize the service of the petitioners as junior assistant in the 2nd Respondent corporation from the date of initial appointment till retirement in the light of G.O.Ms. No.44 dated 12-07-2018 issued by the 1st Respondent and to pay all other monetary benefits on bar with the other employees of the 2nd Respondent corporation.
For Petitioners :Mr.S.Vinod Sathya Lazar (in W.P.(MD)Nos.1048, 1051, 1052, 1065, 1066, 1069, 1070, 1071, 1072, 1074 of 2020)
For Petitioners : Mr.S.Malaikani, for M/S.Veera Associates. (in W.P.(MD)Nos.920 to 943, 945, 947, 949, 950, 954, 958, 960, 961 of 2020)
For R1 : Mr.C.M.Marichelliah Prabhu, Additional Government Pleader (in WP(MD).1048, 1051, 1052, 1065, 1066, 1069, 1070, 1071, 1072, 1074,920, 950, 961 of 2020)
For R2 & R3 : Mr.K.Chellapandian, Additional Advocate General assisted by Mr.B.Jameel Arasu, Standing Counsel.
(in WP(MD).1048, 1051, 1052, 1065, 1066, 1069, 1070, 1071, 1072, 1074,920, 949, 950,952, 955,956, 957,960, 961, 963 & 971 of 2020)
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For R5 : Mr.K.Chellapandian, Additional Advocate General assisted by Mr.B.Jameel Arasu, Standing Counsel. (in WP(MD).920, 952, 955, 956, 957, 960, 963, 971 of 2020)
For R1 : Mr.R.Sethuraman, SGP for R1 (in W.P.(MD)Nos. 919 to 947 of 2020, 949, 952, 954 to 958, 960, 963 & 971 of 2020) For R2 & R3 : Mr.K.Chellapandian, Additional Advocate General assisted by Mr.H.Arumugam, (in WP(MD). 921, 922, 923, 924, 926 to 943, 945, 947, 954, 958 of 2020 For R4 : Mr.R.Vijayakumar (in all W.Ps.)
COMMON ORDER
The case of the petitioners is that they have been serving under TASMAC for a considerable time and they are the Ex-Service Man, who have been engaged by the Tamil Nadu Ex-Service Men's Corporation Ltd, which has entered into an agreement with TASMAC for engaging members of TESCO on contract basis.
2.As such, the very foundation of the case of the petitioners that they are the employees of TASMAC is false. When the petitioners herein are not the direct employees of TASMAC, they cannot claim any right of regularization or any other right touching upon their services.
3.Incidentally, similarly placed persons, like the petitioners, had filed writ petitions before the Principal Bench on an identical grievance and the Principal Bench had dismissed the writ petition, vide order dated 20.01.2020, made in W.P.(MD)No.965 of 2020, on the ground that the appointment of these persons was pursuant to an agreement entered between TESCO and TASMAC wherein their service period is determined and nature of their employment is purely contractual.
4.The Principal Bench had also placed reliance on the decision of the Hon'ble Supreme Court in the case of GRIDCO Limited and another Vs. Sri Sadananda Doloi and others reported in 2012 2 MLJ 998 for the purpose that the employment under contract basis cannot https://hcservices.ecourts.gov.in/hcservices/
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be subjected to Judicial review and the said decision has been followed by a Division Bench of this Court, in the case of The Manager (Administration and Personnal) Vs. Dr.Kaushik Ghosh reported in 2020 1 LW 97.
5.In the light of the observations made in the order and also since the Principal Bench has rejected the claim of the identical placed persons, this Court cannot and does not intend to take any contrary view. Accordingly, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CO)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
gns
To
1.The Secretary to Government,
Government of Tamil Nadu,
Home, Prohibition and Excise (VI) Department, Secretariat, Fort.St.George, Chennai.
2.The Managing Director,
Tamil Nadu State Marketing Corporation Ltd.(TASMAC),
4th Floor, CMDA Tower-II,
Gandhi Irwin Bridge Road,
Egmore, Chennai-600 008.
3.The Senior Regional Manager,
Tamil Nadu State Marketing Corporation, (TASMAC), Anna Nagar, Madurai 625 020.
4.The General Manager, Tamilnadu Ex Service Mens Corporation (TEXCO) No.2, West Monda St, Srinagar Colony, Saidapet, Chennai.
6.The Senior Regional Manager,
Tamilnadu State Marketing Corporation Ltd (TASMAC), Office of the Senior Regional Manager, TASMAC, Trichy.
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+2 CC TO M/S.VEERA ASSOCIATES IN SR.NO.6523,6525/2020
+4 CC TO M/S. B.JAMEEL ARASU IN CC SR.NO.6650/2020
+1 CC TO MR.H.ARUMUGAM IN CC SR.NO.6666/2020
+1 CC TO MR.R.VIJAYAKUMAR IN CC SR NO. 6708/2020
+1 CC TO MR.S.VINOD SATHYA LAZAR, IN CC SR NO. 6974/2020
+1 CC TO SPL.GP IN CC SRNO. 6757/2020
W.P.(MD)Nos.1048, 1051, 1052, 1065, 1066, 1069, 1070, 1071, 1072, 1074 of 2020, 919 to 947 of 2020, 949, 950, 952, 954 to 958, 960, 961, 963 & 971 of 2020 14.02.2020
AL(CO) TR(24.02.2020) 7P 17C
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2 issues framed by the court
Whether petitioners serving under TASMAC via contract agreement with TEXCO are entitled to regularization as direct employees.
Whether employment under a contract basis can be subjected to judicial review in this context.
Colour shows how this judgement treated each authority
GRIDCO Limited and another Vs. Sri Sadananda Doloi and othersReferred¶58
_GRIDCO Limited and another Vs. Sri Sadananda Doloi and others_ reported in _2012 2 MLJ 998_
The Manager (Administration and Personnal) Vs. Dr.Kaushik GhoshFollowed¶59
_The Manager (Administration and Personnal) Vs. Dr.Kaushik Ghosh_ reported in _2020 1 LW 97._
Sundararajan and Others
The Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise (VI) Department
The Managing Director, Tamil Nadu State Marketing Corporation Ltd (TASMAC)
The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd (TASMAC)
The General Manager, Tamil Nadu Ex Service Mens Corporation (TEXCO)
The District Manager, Office of the District Manager TASMAC
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
