Allowed

T.Nanjundappa v. The Secretary to the Government

Madras HC7 Nov 2023WP/12585/2021

Case brief

AI extract

What is this about?

The Madras High Court allowed a writ petition filed by casual labourers appointed in the District Live Stock Farm, Hosur. Holding them similarly placed to petitioners in related cases, the court directed the Secretary to the Government to regularise the petitioners' services from the date of appointment, as per G.O.3D.No.2 dated 20.02.2020.

What did the court decide?

The petitioners were directed to pass appropriate orders to regularise services from the date of appointment, in the light of G.O.3D.No.2 dated 20.02.2020, within four weeks.

T.Nanjundappa Vs The Secretary to the… — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.12585 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.11.2023

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CORAM

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THE HONOURABLE MS. JUSTICE R.N.MANJULA

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W.P.No.12585 of 2021

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1.T.Nanjundappa

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2.R.Narasappa

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3.V.Krishnamurthy

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... Petitioners

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Vs.

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1.The Secretary to the Government, Animal Husbandry, Dairying & Fisheries Department,

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Fort St.George, Chennai -9.

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2.The Director, Animal Husbandry and Veterinary Services, Veterinary Hospital Complex Building, Saidapet, Chennai - 600 035.

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3.The Regional Joint Director, Animal Husbandry Department, Krishnagiri and District.

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4.The Deputy Director (AH), District Live Stock Farm, Hosur, Krishnagiri. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to regularise the services of the petitioners from the date of regular appointment as Animal Husbandry Assistant as was given to similarly placed persons in the light of the Government orders 1.) G.O.Ms.No.17 dated 03.02.2004

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https://www.mhc.tn.gov.in/judis

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W.P.No.12585 of 2021

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2.) G.O.Ms.No.49 dated 20.02.2013 3.) G.O.Ms.No.185 dated 22.09.2015 4.) G.O.Ms.No.144 dated 26.09.2016 5.) G.O.Ms.No.251 dated 21.12.2017, 6.) G.O.Ms.No.38 dated 05.03.2018, 7.) G.O.Ms.No.58 dated 20.03.2018 8.) G.O.Ms.No.91 dated 15.07.2019 9.) G.O.Ms.No.157 dated 04.11.2019 10.) G.O.Ms.No.14, dated 27.11.2019.

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For Petitioners : Mr.S.Gunasekaran

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For Respondents : Mr.G.Nanmaran, Special Govt. Pleader ORDER

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This Writ Petition has been filed seeking issuance of Writ of

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Mandamus to direct the respondents to regularise the services of the petitioners from the date of regular appointment as Animal Husbandry Assistant as was given to similarly placed persons in the light of the Government orders 1.) G.O.Ms.No.17 dated 03.02.2004 2.) G.O.Ms.No.49 dated 20.02.2013 3.) G.O.Ms.No.185 dated 22.09.2015 4.) G.O.Ms.No.144 dated 26.09.2016 5.) G.O.Ms.No.251 dated 21.12.2017, 6.) G.O.Ms.No.38 dated 05.03.2018, 7.) G.O.Ms.No.58 dated 20.03.2018 8.) G.O.Ms.No.91 dated 15.07.2019 9.) G.O.Ms.No.157 dated 04.11.2019 10.) G.O.Ms.No.14, dated 27.11.2019.

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2. Heard Mr.S.Gunasekaran, learned counsel for the petitioners and Mr.G.Nanmaran, learned Special Government Pleader appearing for

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Page No.2 of 6

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W.P.No.12585 of 2021

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the respondents.

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3. The petitioners were appointed as casual labourers on daily wage basis on 01.01.1978, 11.10.1981 and 02.11.1986 respectively in

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the District Live Stock Farm, Hosur. The petitioners are entitled for regularisation from the date of their appointment, but the fourth respondent had regularised the petitioners' service from the date of G.O.Ms.No.117, Animal Husbandry, Dairying and Fisheries Department dated 28.08.2008. Aggrieved over the same, the petitioners are before this Court.

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4. The contention of the petitioners is that similarly placed persons

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have already filed Writ Petitions in W.P.Nos.8931, 8932 & 21382 of 2009 challenging G.O.Ms.No.117, Animal Husbandry, Dairying and Fisheries Department dated 28.08.2008 which contemplates regularisation from the date of issuance of the above Government Order. By virtue of the order granted in the above Writ Petition, a revised Government Order has been passed in G.O.3D.No.2 dated 20.02.2020. In compliance of the order of this Court made in the above writ petition, the service of the

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W.P.No.12585 of 2021

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persons covered under G.O.Ms.No.117 dated 28.08.2008 have been regularised from the date of their appointment instead from the date of issuance of G.O.Ms.No.117 dated 28.08.2008.

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5. Since the petitioners are also similarly placed as like the petitioners in W.P.Nos.8931, 8932 & 21382 of 2009, the very same benefit is applicable to the petitioners also and hence the first respondent is directed to pass appropriate orders in the light of G.O.3D.No.2 dated 20.02.2020 within a period of four weeks.

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6. In the result, this Writ Petition is allowed and the first respondent is directed to pass appropriate orders in the light of G.O.3D.No.2 dated 20.02.2020 within a period of four weeks from the date of receipt of a copy of this order. No costs.

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07.11.2023

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Index : Yes Internet : Yes/No gsk

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W.P.No.12585 of 2021

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1.The Secretary to the Government, Animal Husbandry, Dairying & Fisheries Department, Fort St.George, Chennai -9.

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2.The Director, Animal Husbandry and Veterinary Services, Veterinary Hospital Complex Building, Saidapet, Chennai - 600 035.

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3.The Regional Joint Director, Animal Husbandry Department, Krishnagiri and District.

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4.The Deputy Director (AH), District Live Stock Farm, Hosur, Krishnagiri.

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W.P.No.12585 of 2021

R.N.MANJULA, J.

gsk

W.P.No.12585 of 2021

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07.11.2023

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https://www.mhc.tn.gov.in/judis

T.Nanjundappa v. The Secretary to the Government

Case brief

What is this about?

What did the court decide?

T.Nanjundappa v. The Secretary to the Government

Case brief

What is this about?

What did the court decide?

What the court decided

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