Allowed¶42

The Principal Secretary to Government v. M. Balamurugan

Madras HC2 Feb 2026WA(MD)/93/2026

Case brief

AI extract

What is this about?

Retrospective regularisation of daily wager/Cook Helper (joined 01.09.1999) denied — G.O.Ms.No.19 (07.03.2008) governs only specified categories under stipulated conditions, not regularisation-from-date-of-joining of a consolidated-pay wager; petitioner already regularised 20.09.2007 under G.O.Ms.No.85 (20.09.2007) with grade pay fixation and later promoted (now Driver, Kallar Reclamation); Single Judge deemed misled by counter-affidavit drafting error and selective reading; W.A.(MD) allowed under Clause 15 Letters Patent; no precedents discussed.

What did the court decide?

Judgment of the learned Single Judge set aside; Writ Appeal allowed; no order as to costs; connected miscellaneous petition (C.M.P.(MD)No.1000 of 2026) closed. ¶42

The Principal Secretary to Government Vs M. Balamurugan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Judgment of the learned Single Judge set aside; Writ Appeal allowed; no order as to costs; connected miscellaneous petition (C.M.P.(MD)No.1000 of 2026) closed.

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Issue for consideration

Whether the respondent (writ petitioner), who joined as Cook Helper/consolidated-pay daily wager on 01.09.1999, was entitled to retrospective regularisation of his service from the date of joining under G.O.Ms.No.19 BC/MBC and Minorities Welfare Department dated 07.03.2008. +2 more

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Court's answer

Regularising a daily wager who joined service on a consolidated pay from the date of his joining is not the intention of G.O.Ms.No.19, BC/MBC and Minorities Welfare Department, dated 07.03.2008.

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Ratio / Principle

Owing to erroneous drafting of the counter affidavit of the Joint Director (third respondent) and the Single Judge's selective reading of it, the learned Single Judge misled himself and allowed the writ petition.

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Key takeaways

G.O.Ms.No.19, BC/MBC and Minorities Welfare Department, dated 07.03.2008 stipulates specific conditions for regularisation.ratio¶38
As far as this writ petitioner is concerned, only G.O.Ms.No.85 BC/MBC and Minorities Welfare Department dated 20.09.2007 is applicable; it has been rightly applied in his case and he has been regularised with fixation of grade pay scale.ratio¶41

Detailed headnote1 paragraphs

Writ Appeal (Clause 15, Letters Patent) by State officials (Principal Secretary/Director, MBC & Denotified Welfare Dept.; Joint Director, Kallar Reclamation) against the Single Judge's order dated 25.01.2024 in W.P.(MD) No.21168 of 2022, which granted the writ petitioner (M.Balamurugan, joined 01.09.1999 as Cook Helper on consolidated pay) retrospective regularisation from 01.09.1999 under G.O.Ms.No.19 BC/MBC and Minorities Welfare Department dated 07.03.2008. The Division Bench held the Single Judge was misled by erroneous drafting of the Joint Director's counter affidavit and his selective reading of it; regularising a consolidated-pay daily wager from his date of joining is not the intention of G.O.Ms.No.19, which stipulates specific conditions. Only G.O.Ms.No.85 dated 20.09.2007 applies to the petitioner, under whom he was rightly regularised with fixation of grade pay scale. Single Judge's judgment set aside; appeal allowed; no costs; connected miscellaneous petition closed.

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W.A.(MD)No.93 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.02.2026

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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W.A.(MD) No.93 of 2026 and C.M.P.(MD)No.1000 of 2026

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The Principal Secretary to Government, Backward Classes/ Most Backward Classes/ Minorities and Denotified Welfare Department, Secretariat, Chennai 9.

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The Director of Most Backward Classes and Denotified Welfare Department, Ezhilagam, Chepauk, Chennai -05.

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The Joint Director, Kallar Reclamation, Madurai. ... Appellants

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-vs-

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M.Balamurugan ... Respondent

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

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W.A.(MD)No.93 of 2026

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Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 25.01.2024, passed in W.P.(MD) No.21168 of 2022, on the file of this Court.

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For Appellants : Mr.S.P.Maharajan, Special Govt. Pleader For Respondent : Mr.G.Chandrasekar

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J U D G M E N T

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[Judgment of the Court was made by DR.G.JAYACHANDRAN, J.]

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This appeal is directed against the order passed by the learned Single

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Judge allowing the Writ Petition filed by the respondent seeking retrospective to the regularisation of his service date back to 01.09.1999, the date on which he joined as Cook Helper on a consolidated pay of Rs.500/- per month in the Government Boys Hostel (BC), Melavalavu, Madurai. Claiming that he must be given the benefit of G.O.Ms.No.19 BC/MBC and Minorities Welfare Department, dated 07.03.2008, sought for retrospective regularisation of his service from the date of joining as a consolidated daily wager. The learned Single Judge relying

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W.A.(MD)No.93 of 2026

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upon the counter affidavit filed by the third respondent viz., the Joint Director had allowed the Writ Petition stating that the petitioner should be treated par with others, who are covered under G.O.Ms.No.19 BC/MBC and Minorities Welfare Department, dated 07.03.2008.

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2 . The learned Additional Government Pleader appearing for the appellants submitted that paragraph 6 of the counter affidavit filed by the Joint Director has been pick and choose by the learned Single Judge without considering the other averments made in the counter affidavit. In the counter affidavit, it has been clearly stated that the Writ Petitioner, who joined as a daily wager on 01.09.1999, was regularised on 20.09.2007 in the light of G.O.Ms.No. 85 BC/MBC and Minorities Welfare Department dated 20.09.2007 and placed on a time pay scale par with the Cook and others working in Nutritious Meals Scheme. After being regularised, the Writ Petitioner gradually being promoted and presently working as Driver in the office of the Joint Director, Kallar Reclamation, Madurai. After getting regularised, pursuant to G.O.Ms.No.85 BC/MBC and Minorities Welfare Department dated 20.09.2007, the Writ Petition was filed in the year 2022 seeking the benefit of G.O.Ms.No.19 BC/MBC and

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

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W.A.(MD)No.93 of 2026

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Minorities Welfare Department, dated 07.03.2008, which is not applicable to the Writ Petitioner herein. The conditions for applying G.O.Ms.No.19, BC/MBC and Minorities Welfare Department, dated 07.03.2008, were in respect of persons who had not yet been regularised, and applied only to the 553 daily wagers whose names were annexed to the Government Order. The notional regularisation with retrospective effect is applicable only to the persons who had completed five years of service as a Cook as on 21.01.1981 and for those who completed five years of service after 21.01.1981, the regularisation shall be given effect from the ensuing 1^st of April. Except for the 553 daily wagers whose names have been annexed to the Government Order, others are not entitled to the benefits of G.O.Ms.No.19, BC/MBC and Minorities Welfare Department, dated 07.03.2008.

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3. Referring to the previous Government Orders issued in respect of these 553 persons, the learned Special Government Pleader would submit that the Writ petitioner herein does not fall within the categories mentioned in G.O.Ms.No.19 BC/MBC and Minorities Welfare Department, dated 07.03.2008. He joined the service on 01.09.1999 on a consolidated pay, was entitled to regularisation only under G.O.Ms.No.85, BC/MBC and Minorities Welfare

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W.A.(MD)No.93 of 2026

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Department, dated 20.09.2007 and he had been properly regularised in accordance with G.O.Ms.No.85, BC/MBC and Minorities Welfare Department, dated 20.09.2007. Without challenging the regularisation order, he had filed a writ of mandamus seeking the application of G.O.Ms.No.19, BC/MBC and Minorities Welfare Department, dated 07.03.2008, which is entirely applicable to a different set of daily wagers.

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4 . Heard the learned Special Government Pleader appearing for the appellants and the learned counsel appearing for the respondent and perused the materials available on record.

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5 . This Court, on perusing the records, finds that due to erroneous

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drafting of the counter affidavit received by the third respondent, who is the Joint Director of Kallar Reclamation and selective reading of the said portion, the learned Single Judge has mislead himself and allowed the Writ Petition. The effect of this order will be regularising a daily wager who joined service on a consolidated pay from the date of his joining, which is not the intention of G.O.Ms.No.19, BC/MBC and Minorities Welfare Department, dated 07.03.2008,

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W.A.(MD)No.93 of 2026

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as it stipulates specific conditions for regularisation. As far as this Writ petitioner is concerned, who joined service on 01.09.1999 as daily wager at Rs.500/- per day, only G.O.Ms.No.85 BC/MBC and Minorities Welfare Department dated 20.09.2007 is applicable, that has been rightly applied in his case and he has been regularised with fixation of grade pay scale.

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6 . In view of the above fact, the judgment of the learned Single Judge is set aside and the Writ Appeal stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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[G.J., J.] [K.K.R.K., J.] 02.02.2026

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NCC : Yes / No Index : Yes / No vsm

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W.A.(MD)No.93 of 2026

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DR.G.JAYACHANDRAN, J. AND K.K.RAMAKRISHNAN, J.