Batch of 26 writ petitions by daily rated employees of the Puducherry Legislative Assembly Secretariat challenging a CAT order adverse to their regularisation claims. As the underlying memorandum remained under challenge in a pending writ petition, the court held the CAT order caused no prejudice and dismissed the petitions.
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.
2024:MHC:3583
W.P.No.12320 of 2018 & etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.08.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH and
THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN
W.P.Nos.12320, 12329, 12335, 12336, 12337, 12338, 12322, 12323, 12324, 12319, 12327, 12321, 12325, 12326, 12328, 12330, 12331, 12332, 12333, 12344, 12334, 12339, 12340, 12341, 12342 & 12343 of 2018 and
WMP.Nos.14468, 14436, 14470, 14472, 14474, 14434, 14438, 14440, 14442, 14444, 14446, 14448, 14450, 14452, 14454, 14456, 14458, 14460, 14462, 14464, 14466, 14476, 14478 & 14480 of 2018
WP.No.12320 of 2018
V.Arikrishnan
... Petitioner
Vs
5.J.Arupudaraj
... Respondents
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W.P.No.12320 of 2018 & etc. batch
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records of the 3rd respondent in respect of the decision in Original Application No.619 of 2016 dated 15.2.2017 and to quash the same and consequently to direct the first respondent to regularise the services of the petitioner with effect from the date of regularisation of the services of the respondents 4 and 5 with all other consequential benefits.
(In all WPs)
For Petitioners : Mr.V.Ajayakumar For Respondents : Mr.Syed Mustafa (for R1 & R2) Special Government Pleader R3 – Tribunal No Appearance (for R4 & R5)
O R D E R
(Order of the Court was made by Dr.ANITA SUMANTH,J.)
We have heard submissions of Mr.Syed Mustafa, learned Special Government Pleader (Pondicherry) who appears for the respondents. As far as the writ petitioners are concerned, the name of Mr.V.Ajayakumar, learned Counsel is printed in the cause-list. However, Mr.Ajayakumar, submits that he has no instructions to report the Court since the briefs have been returned to the writ petitioners. This need not however, not deter us from disposing these writ petitions in view of the trajectory that these matters have taken
over the years during the pendency of these writ petitions.
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W.P.No.12320 of 2018 & etc. batch
aggrieved by the non-regularization of their services by the Secretariat, Legislative Assembly, Chennai. The matter has a checkered history. The writ petitioners had earlier approached this Court in W.P.No.34573 of 2013 where the prayer was for a mandamus to direct the respondents therein, being the Chief Secretary, Government of Puducherry/R1 and the Secretary, Legislative Assembly Secretariat, Government of Puducherry/R2, to regularise their services with effect from their initial dates of appointment as daily rated employees.
rejecting the request of the petitioners. The operative portion of Memorandum dated 01.07.2014 reads as follows:-
4.In this regard, the Under Secretary to Government, Department of Personnel & Administrative Reforms (Personnel Wing), Puducherry had stated in the I.D. Note third cited, that 60 daily rated posts were created in Legislative Assembly Secretariat specifically to perform the works other than the post of Watchman and Sanitary Assistant / Helper and requested the Legislative Assembly Secretariat to dispose of the representations first cited.
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5. As per the Recruitment Rules for Multi-Tasking Staff (Security & House Keeping) notified vide G.O. fourth cited, absorption is to be made from the full time casual labourers available in the list prepared by the Department of Personnel & Administrative Reforms (Personnel Wing), in terms of "The Government of Puducherry Casual Labourers (Engagement and Regularisation) Scheme 2009” notified vide extra-ordinary Gazette No. 15 dt. 27.02.2009 of Government of Puducherry.
6. Since the Department of Personnel & Administrative Reforms (Personnel Wing), has not acceded to consider the representation of Full Time Casual Labourers engaged in the Legislative Assembly Secretariat, the representations of the Petitioners in the W.P. second cited for their regularization could not be considered.”
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writ of certiorarified mandamus to call for the records of the first respondent bearing No.7779/LAS/Estt./E2/2014 dated 01.07.2014 and to quash the same and consequently direct the respondents to regularise the services of the petitioners with effect from the date on which they were appointed on daily rated basis with all other consequential benefits including arrears of wages.
order to the effect that status quo be maintained as on that date, recording the grievances of the petitioner that their services are likely to be terminated. It was made clear that the order of status quo would have a bearing only with regard to their employment and not with effect to a determination relating to inter se seniority or any other benefit.
15.09.2017 addressing the representations of the petitioners and finding the
same unacceptable in the following terms:
“GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS (PERSONNEL WING)
***
No.C.18014/2/2017-DPAR/GC/UII Puducherry, dated 15.09.2017 ORDER
Sub: Issue of Speaking Order in compliance to the direction of Hon'ble CAT, Madras Bench in O.A.No.310/00576/2016 to 310/00627/2016 with
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W.P.No.12320 of 2018 & etc. batch
regard to the Representation by 60 Full Time Casual Labourers of Legislative Assembly Secretariat, Puducherry – Reg.
Ref: 1. Order dt.15.02.2017 of Hon'ble CAT, Madras Bench in O.A.No.310/00576/2016 to 310/00627/2016. 2.Order dt.19.12.2013 of Hon'ble Court, Madras in W.P.No.34573/2013.
3.Memo No.7779/LAS/Estt./E2/2014 dt.01.07.2014 of the Secretary, Legislative Assembly Secretariat, Puducherry.
***
WHEREAS 60 Full Time Casual Labourers of Legislative Assembly Secretariat, Puducherry have submitted representation dated 31.05.2013 addressed to the Secretary, Legislative Assembly Secretariat for regularisation of their services in the Assembly Secretariat;
2. AND WHEREAS aggrieved by their non-regularisation, they filed a W.P.No.34573/2013 in Hon'ble High Court, Madras praying to direct the respondents to regularise their services considering their representations. Hon'ble High Court, Madras directed the 1st respondent ie. the Chief Secretary to consider the representation of the petitioners dated 31.05.2013 and pass appropriate orders on merits and in accordance with law. In compliance, necessary orders of the Chief Secretary was obtained on the representation of the Petitioners and the 3rd respondent i.e. the Secretary, Legislative Assembly Secretariat, Puducherry issued a Speaking Order through Memorandum 3rd cited rejecting their request;
3. AND WHEREAS the applicants filed O.A.No.310/00576/2016 to 310/00627/2016 before Hon'ble CAT, Madras Bench in which prayed to revise the seniority list of Full Time Casual Labourers maintained by DP&AR including them at appropriate seniority number and to regularise their services in the post of Multi Tasking Staff and the Hon'ble Tribunal has specifically ordered the 1st respondent (in W.P.No.34573/2013) i.e. Chief Secretary to consider and pass suitable Speaking Order on the representation dated 31.05.2013 submitted by them;
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4. AND WHEREAS in the intervening period, the applicants have also filed another W.P.No.30078 of 2014 praying for regularisation of their services in the Assembly Secretariat itself in which status quo has been ordered by Hon'ble High Court of Madras to continue their engagement which is also pending for final disposal.
5 NOW THEREFORE, in compliance to the direction of Hon'ble CAT, Madras Bench in O.A.No.310/00576/2016 to 310/00627/2016, it is conveyed that a decision has since been taken to include them at the bottom of the list of Full Time Casual Labourers maintained by this department in consonance with "The Puducherry Casual Labourers (Engagement & Regularisation) Scheme. 2009", subject to the outcome in the W.P.No.30078/2014 pending before the Hon'ble High Court of Madras in which status quo has been ordered.
Sd/-
(Manoj Parida) CHIEF SECRETARY TO GOVERNMENT To Thiru K.Vaithilingam, S/o.Krishnan, No.4, Mariamman Koil Street, Melparikkalpet, Bahour Post, Puducherry – 607 402. and 59 others, Legislative Assembly Secretariat, Puducherry.”
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pending.
mpl Index: Yes/No Neutral Citation : Yes Speaking order : Yes
(A.S.M.,J) (G.A.M.,J) 19.08.2024
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W.P.No.12320 of 2018 & etc. batch
To
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W.P.No.12320 of 2018 & etc. batch
Dr.ANITA SUMANTH,J AND G.ARUL MURUGAN,J.
mpl
W.P.Nos.12320, 12329, 12335, 12336, 12337, 12338, 12322, 12323, 12324, 12327, 12319, 12321, 12325, 12326, 12328, 12330, 12331, 12344, 12332, 12333, 12334, 12339, 12340, 12342, 12343 & 12341 of 2018
19.08.2024
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1 issue framed by the court
Whether the CAT's order closing the applications without addressing merits prejudiced the petitioners seeking regularisation.
1 provisions across 1 enactments
V.Arikrishnan
The Special Secretary to Govt., Department of Personnel and Administrative Reforms (Personnel Wing), Chief Secretariat, Puducherry
The Secretary, Legislative Assembly Secretariat, Puducherry
The Registrar, Central Administrative Tribunal, Madras Bench, Chennai
S.Narayanasamy
J.Arupudaraj
Anita Sumanth
G. Arul Murugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
