Writ petition filed by a Pump Fitter challenging the regularization of his service from 2004 instead of 1999. The High Court found no merit in the claimed defect regarding retrospective regularization.
Writ Petition dismissed with no order as to costs and consequent closure of connected miscellaneous petition.
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.
W.P.(MD).No.21564 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.21564 of 2023 and W.M.P(MD) No.17966 of 2023
P.Dharmaraj
...Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the
1/6
W.P.(MD).No.21564 of 2023
records of the third respondent in his proceedings in Na.Ka.No.358/2022/A1, dated 19.06.2023 and quash the same as null and void and consequently direct the respondents to regularize the petitioner's service as Pump Fitter with effect from the date of appointment as daily wager i.e., 26.10.1989 to the date of shifting the petitioner's service to consolidated mode of pay i.e., 01.08.2001 either applying G.O.(Ms).No.84, Municipal Administration and Water Supply Department, dated 21.05.1998 or applying G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006 with all service and monetary benefits within a time stipulated by this Court.
For Petitioner : Mr.R.Murugan For Respondents : Mr.Veerakathiravan Additional Advocate General Assisted by Mr. S.Shaji Bino Special Government Pleader
O R D E R
The present Writ Petition has been filed by the petitioner, who was working as a Pump Fitter in the third respondent Town Panchayat.
2/6
W.P.(MD).No.21564 of 2023
on 23.06.2006. By way of an order dated 23.11.2015, the Executive Officer of
the Town Panchayat has passed the order regularising service of the writ petitioner with effect from 20.08.2004. These facts are not in dispute.
the services of the writ petitioner were regularised based upon the G.O.
3/6
W.P.(MD).No.21564 of 2023
4/6
W.P.(MD).No.21564 of 2023
impugned in the writ petition and there are no merit in this writ petition. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed.
12.10.2023
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
To
5/6
W.P.(MD).No.21564 of 2023
R.VIJAYAKUMAR,J.
ebsi
W.P(MD)No.21564 of 2023
12.10.2023
6/6
3 issues framed by the court
Whether the impugned order rejecting retrospective regularization of the petitioner's service from 1999 lacks merit.
Whether G.O.(Ms).No.84 supports regularization of daily wage sanitary workers after five years of service regardless of consolidated pay status.
Whether the court should interfere in the regularization order passed in consonance with G.O.(Ms).No.142.
P. Dharmaraj
The Director of Town Panchayat, Kuralagam
The Assistant Director of Town Panchayat, Nagercoil
The Executive Officer, Manavalakurichi Selection Grade Panchayat
The Executive Officer, Palappallam Panchayat
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
