Chinnadurai.G Vs the State Director — Writ and Judicial Review | Madras HC (2025)

Chinnadurai.G Vs the State Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the impugned termination orders dated 05.12.2018 passed by the third respondent are illegal, and whether the respondents 1 & 2 should regularise the petitioners' service in the post of Sweeper or any other equivalent post.

Court's answer

The petitioners were working only as temporary employees on consolidated pay basis, and their services were never regularised by the respondents notwithstanding their claim of more than 25 years of service.

Ratio / Principle

Since the post of Sweeper was not a sanctioned post and the Government Youth Hostel where the petitioners worked has been closed, the question of regularising the petitioners as permanent employees does not arise; their services were terminated only because the hostel was closed.

Key takeaways

The Supreme Court's decision in Uma Devi's case was rightly applied by the third respondent in the impugned orders dated 05.12.2018 terminating the petitioners' services, and this Court finds no infirmity in those impugned orders.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), 04.11.2025 (Abdul Quddhose, J.) — Common order dismissing W.P.(MD)Nos.4635 & 4638 of 2021 (with connected W.M.P.(MD)Nos.3746 & 3751 of 2021) filed by two Sweepers of the Government Youth Hostel, Race Course Stadium, Madurai, seeking quashing of termination orders dated 05.12.2018 (Ka.No.YH/2018-19) issued by the Manager (Incharge), Government Youth Hostel, and regularisation of their service. The Court held that the petitioners were temporary employees on consolidated pay basis whose services were never regularised; the Sweeper post was not a sanctioned post; and with the Government Youth Hostel closed, regularisation as permanent employees did not arise. The termination effected under the impugned orders pursuant to the Supreme Court's decision in Uma Devi's case was found free of infirmity. Both writ petitions dismissed without costs; connected miscellaneous petitions closed.

W.P.(MD)Nos.4635 & 4638 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04.11.2025

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE

W.P.(MD)Nos.4635 & 4638 of 2021

and

W.M.P.(MD)Nos.3746 & 3751 of 2021

G.Chinnadurai : Petitioner in W.P.(MD)No.4635/21 K.Arumugam : Petitioner in W.P.(MD)No.4638/21

Vs.

1.The State Director,

Nehru Yuva Kendra Sangam,

Chennai.

2.The District Collector / Chairman,

Government Youth Hostel,

Madurai.

3.The Manager (Incharge), Government Youth Hostel, Race Course Stadium, Madurai. : Respondents in all Writ Petitions

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W.P.(MD)Nos.4635 & 4638 of 2021

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, to issue Writs of Certiorarified Mandamus, to call for the records pertaining to the impugned order made in Ka.No.YH/2018-19 dated 05.12.2018 on the file of the third respondent and quash the same as illegal and consequently for a direction, directing the respondents 1 & 2 to regularize the petitioner's service in the post of Sweeper or any other equivalent post within a time frame stipulated by this Court.

For Petitioner : Ms.A.S.Neya

for Mr.G.Anto Prince For Respondents 1 & 3 : Mr.K.Govindarajan Deputy Solicitor General of India For Respondent No.2 : Mr.C.Satheesh, Government Advocate [In all Writ Petitions]

COMMON ORDER

These Writ Petitions have been filed challenging the impugned orders passed by third respondent dated 05.12.2018, terminating the services of the respective petitioners on the ground that the Government Youth hostel where they were working has now been closed.

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W.P.(MD)Nos.4635 & 4638 of 2021

2. Admittedly, the respective petitioners were working only as temporary employees on consolidated pay basis. Though the respective petitioners may claim that they have been working for more than 25 years, their services were never regularised by the respondents. The said contention is also disputed by the respondents as seen from their counter filed before this Court.

3. Admittedly, the post of Sweeper alleged to have been held by the respective petitioners for more than 25 years is not a sanctioned post. Since the post is not a sanctioned post and that too when the Government Youth hostel where the respective petitioners were working has been closed, the question of regularizing the services of the petitioner as permanent employees does not arise. Only due to the fact that the Government Youth hostel where the respective petitioners were recognized as temporary employees on consolidated pay basis was closed, their services have been terminated under the impugned orders. The decision rendered by the Hon'ble Supreme Court in Uma Devi's case has been rightly applied by the third respondent under the impugned orders both dated 05.12.2018, for terminating the services of the respective petitioners. This Court does not find any infirmity in the impugned orders passed by the third respondent both dated 05.12.2018.

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W.P.(MD)Nos.4635 & 4638 of 2021

4. For the foregoing reasons, this Court does not find any

merit in these Writ Petitions. Accordingly, both the Writ Petitions stand dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

04.11.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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W.P.(MD)Nos.4635 & 4638 of 2021

To

1.The State Director, Nehru Yuva Kendra Sangam, Chennai.

2.The District Collector / Chairman, Government Youth Hostel, Madurai.

3.The Manager (Incharge), Government Youth Hostel, Race Course Stadium, Madurai.

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W.P.(MD)Nos.4635 & 4638 of 2021

ABDUL QUDDHOSE., J.

MR

W.P.(MD)Nos.4635 & 4638 of 2021

04.11.2025

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