Dismissed¶43

C.Kuttiappan, v. the Secretary to Government

Madras HC25 Aug 2025WP/25949/2009

Case brief

AI extract

What is this about?

W.P.No.25949 of 2009; Madras High Court; writ of certiorarified mandamus; Article 226; G.O.Ms.No.59 dated 15.02.2008; absorption and regularization; Primary Health Centre medical officers / petitioners Kuttiappan, Sendhilkumar, Paulraj, Sankar, Boominathan; termination of services in 2012; Labour Court Vellore I.D.No.60 of 2015; compensation to first petitioner; writ petition dismissed, no costs; connected M.P.No.2 of 2009 closed; liberty to pursue before appropriate forum.

What did the court decide?

No substantive relief; writ petition dismissed without costs, connected Miscellaneous Petition closed, with liberty reserved to any petitioner to pursue the matter before the appropriate forum. ¶43

C.Kuttiappan, Vs the Secretary to Government — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; writ petition dismissed without costs, connected Miscellaneous Petition closed, with liberty reserved to any petitioner to pursue the matter before the appropriate forum.

¶43

Issue for consideration

Whether the petitioners' claim for absorption and regularization of their services in Government service (rejected by G.O.Ms.No.59 dated 15.02.2008) remained open for consideration, given that their services had been terminated in 2012.

¶23

Court's answer

Since the services of petitioners 2 to 5 had already been terminated as early as 2012, the question of considering their claim for absorption or regularization at that point of time would not arise.

¶37

Ratio / Principle

In view of the foregoing, nothing survives in the writ petition and it is accordingly dismissed.

¶39

Key takeaways

Any petitioner wishing to pursue the matter remains at liberty to take appropriate steps before the appropriate forum.obiter¶39

Detailed headnote1 paragraphs

Madras High Court (Mummineni Sudheer Kumar, J.) dismisses a writ petition (under Article 226 seeking certiorarified mandamus) filed by five persons seeking to quash G.O.Ms.No.59 dated 15.02.2008 and to direct absorption and regularization of their services in Government service from the date of appointment. At the hearing on 12.08.2025 it transpired that the services of all the petitioners had been terminated in 2012; petitioners 2 to 5 had never contested those terminations, while the first petitioner alone had successfully challenged his termination in I.D.No.60 of 2015 (Labour Court, Vellore, order dated 27.10.2015), which decision was upheld by this Court with compensation awarded to him. Held that, the services of petitioners 2 to 5 having been terminated in 2012, the question of considering their claim for absorption or regularization would not arise; nothing survived in the writ petition, which was dismissed without costs, the connected Miscellaneous Petition being closed, with liberty to any petitioner to take appropriate steps before the appropriate forum.

¶1

W.P.No.25949 of 2009 and M.P.No.2 of 2009

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 25.08.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

¶6

W.P.No.25949 of 2009 and M.P.No.2 of 2009

¶7

1.C.Kuttiappan 2.R.Sendhilkumar 3.E.Paulraj

4.P.Sankar

5.R.Boominathan

... Petitioners

Vs.

1.The Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai – 9.

¶13

2.The Director of Public Health and Preventive Medicine, 359, Anna Salai, Teynampet, Chennai-6.

¶14

3.The Director of Medical and Rural Health Services (ESI), Government Of Tamil Nadu, 359, Anna Salai, Teynampet, Chennai-6.

¶15

4.The Managing Director, Tamil Nadu Medical Services Corporation Ltd., Egmore, Chennai-8.

¶16

Page 1 of 7

¶17

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

¶18

5.The Medical Officer, Primary Health Centre, Jamnamaruthur, Thiruvannamalai District.

¶19

W.P.No.25949 of 2009 and M.P.No.2 of 2009

¶20

6.The Medical Officer, Primary Health Centre, Kunnathur, Thiruchirappalli District.

¶21

7.The Medical Officer, Primary Health Centre, Nagalapuram, Thuthukkudi District.

¶22

8.The Medical Officer, Primary Health Centre, Kaali, Nagapattinam District. ... Respondents

¶23

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 connected with the G.O.Ms.No.59 dated 15.02.2008 issued by the first respondent and quash the same and further direct the first respondent to absorb and regularize the services of the petitioners in Government service from the date of their appointment.

¶24

For Petitioners : Ms.G.P.Arivuchudar For Respondents : Mr.E.Sundaram Government Advocate

¶25

Page 2 of 7

¶26

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

¶27

ORDER

¶28

W.P.No.25949 of 2009 and M.P.No.2 of 2009

¶29

This writ petition has been filed challenging the orders issued by the Government in G.O.Ms.No.59 dated 15.02.2008 whereby the request of the petitioners for absorption and regularization was rejected.

¶30

2. When the matter came up for consideration before this Court

¶31

on 12.08.2025, it was brought to the notice of this Court by Mr.E.Sundaram, learned Government Advocate that the services of all the petitioners were terminated during the year 2012 and thereafter, the petitioners 2 to 5 have not taken any steps to contest the said termination of their services. However, the first petitioner herein challenged the termination orders vide I.D.No.60 of 2015 on the file of the learned Labour Court, Vellore and the said I.D. was allowed by an order dated 27.10.2015 and thereafter, the matter came for consideration before this Court and the same was upheld, duly awarding the compensation in favour of the first petitioner. Under those circumstances, the matter was adjourned from time to time to enable the learned counsel for the petitioner to ascertain from the petitioners. However, the learned counsel

¶32

Page 3 of 7

¶33

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

¶34

W.P.No.25949 of 2009 and M.P.No.2 of 2009

¶35

for the petitioners represented that she is not in a position to get any instructions from the petitioners 2 to 4.

¶36

3. In the light of the above, taking into consideration of the fact

¶37

that the services of the petitioners 2 to 5 have already been terminated as early as in the year 2012, the question of considering their claim for absorption or regularization at this point of time would not arise.

¶38

4. In the light of the above, in the considered view of this Court

¶39

nothing survives in the writ petition and the same is accordingly, dismissed. However, in case if any of the petitioners wants to pursue the matter, they are at liberty to take appropriate steps before the appropriate forum.

¶40

Page 4 of 7

¶41

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

¶42

W.P.No.25949 of 2009 and M.P.No.2 of 2009

¶43

5. In the result, the Writ Petition is dismissed. No costs.

¶44

Consequently, connected Miscellaneous Petition is closed.

¶45

25.08.2025

¶46

Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

¶47

Page 5 of 7

¶48

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

¶49

W.P.No.25949 of 2009 and M.P.No.2 of 2009

¶50

¶51

1.The Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai – 9.

¶52

2.The Director Of Public Health and Preventive Medicine, 359, Anna Salai, Teynampet, Chennai-6.

¶53

3.The Director Of Medical and Rural Health Services (ESI), Government Of Tamil Nadu, 359, Anna Salai, Teynampet, Chennai-6. 4.The Managing Director, Tamil Nadu Medical Services Corporation Ltd., Egmore, Chennai-8.

¶54

5.The Medical Officer, Primary Health Centre, Jamnamaruthur, Thiruvannamalai District.

¶55

6.The Medical Officer, Primary Health Centre, Kunnathur, Thiruchirappalli District.

¶56

7.The Medical Officer, Primary Health Centre, Nagalapuram, Thuthukkudi District.

¶57

8.The Medical Officer, Primary Health Centre, Kaali, Nagapattinam District.

¶58

MUMMINENI SUDHEER KUMAR, J.

¶59

Page 6 of 7