A part-time school employee regularized under G.O.Ms.No.116 sought regularization retrospectively from his 1992 initial appointment on par with a colleague covered by G.O.Ms.No.36. The court held he accepted G.O.Ms.No.116 and no legal plea supported parity, relying on Harpal Kaur Chahal, and dismissed the writ petition.
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W.P.(MD)No.18501 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 06.12.2024
DELIVERED ON : 20.12.2024
CORAM:
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD)No.18501 of 2017
and
W.M.P(MD)No.14923 of 2017
P.Ratinagiri
... Petitioner
Vs.
Prayer in W.P(MD)No.18501 of 2017 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order, dated 23.05.2016 passed by the 3rd respondent and quash the same and consequently call for the records pertaining to the G.O.No.116, school Education Department, dated 05.08.2011 and quash the same in respect of the date of regularization and directing the respondents to regularize the
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petitioner's service from the date of initial appointment as par with G.O.M.S.No.36 (School Education Department), dated 02.06.2015 with all service benefits and arrears as that of the similarly placed persons within a stipulated time.
Prayer in W.M.P(MD)No.14923 of 2017 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, praying this Court to dispense with the production of the certified copy of G.O.Ms.No.116 School Education Department, dated 05.08.2011 for present.
For Petitioner : Mr.R.Lakshmanan
For Respondents : Mr.S.R.A.Ramachandran
Additional Government Pleader
ORDER
Heard both sides.
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joined as a part-time worker on 22.06.1993, was regularized through G.O.Ms.No.88 dated 01.04.2008, with effect from 01.04.2010. Subsequently, as per G.O.Ms.No.36 dated 02.06.2015, his appointment was regularized from the date of his initial appointment.
W.P.(MD)No.18501 of 2017
also come forward with similar requests.
“3...... The view of the High Court is obviously illegal and the judgment rendered would not form the ground for our holding that the others who got the benefit by illegal orders will be extended in favour of other candidates though illegally appointed. Article 14 cannot be extended to legalise the illegal orders though orders had wrongly got the benefit of the orders...”
this Court dismissed the writ petition filed by Subbammal and another seeking similar relief. They had prayed for the regularization of their
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services from the date of the initial appointment, referencing G.O.Ms.No. 36, dated 02.06.2015, and sought to quash G.O.Ms.No.116, dated 05.08.2011, to modify the date of regularization. This Court rejected their claim. The petitioner, along with 26 others, had accepted G.O.Ms.No.116 dated 05.08.2011, which explicitly stated that their appointments would be regularized from the date of the said order. Now, more than a decade later, the petitioner seeks to challenge this specific clause of the order which is legally unsustainable.
20.12.2024
NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg
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To
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DR.A.D.MARIA CLETE, J. gbg
W.P.(MD)No.18501 of 2017
20.12.2024
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1 issue framed by the court
Whether a part-time employee regularized by G.O.Ms.No.116 from the date of the order could claim regularization from initial appointment on par with a colleague under G.O.Ms.No.36.
Colour shows how this judgement treated each authority
Harpal Kaur Chahal v. Director, Punjab Instructions, Punjab & AnotherRelied on¶6
(1995 Supp 4 SCC 706) · Who else cites this
W.P(MD)Nos.2406 and 5033 of 2016Relied on¶7
1 provisions across 1 enactments
P.Ratinagiri
The Secretary, School Education Department, Secretariat, Chennai
The Director, Directorate of School Education, DPI Campus, College Road, Chennai
The District Educational Officer, O/o District Education Office, Karur District
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
