P.Alex v. The Government of Tamilnadu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP Nos.13479, 32694 & 14531 of 2024 W.M.P.Nos.14644, 14645, 35527, 35528, 35529, 35530, 15820 & 15821 of 2024 W.P.No.13479 of 2024

1.P.Alex

2.A.Ajith Kumar

3.R.Pushparaj

4.P.Nagarajan

5.A.Balamurugan Vs.

1.The Government of Tamil Nadu, Rep by its Additional Chief Secretary to Government, Municipal Administration and Water Supply (TP-1) Department, Fort St.George, Chennai-600009.

¶2The Director of Municipal Administration, MRC Nagar, Raja Annamalai Puram, Chennai-600028.

3.The Commissioner of Town Panchayats, Administrative Office, No.75, Santhome High Road, Raja Annamalai Puram, Chennai-600028.

4.The Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai-600 018.

5.Assistant Director of Town Panchayats, Town Panchayat Office, District Collector Additional Complex, Nagercoil Region, Nagercoil, Kanniyakumari District-629001.

¶6The Executive Officer, Thiruvattar First Grade Town Panchayat, Thiruvattar Post, Kanyakumari District -62 91 77.

7.The Executive Officer, Aatur Second Grade Town Panchayat, Aatur Post, Kanayakumari District -62 91 91.

8.The Executive Officer, Pagode Town Panchayat, Pagode Post, Kanyakumari District 62 91 68.

9.The Executive Officer, Boothapandi First Grade Town Panchayat, Bhoothapandi Post, Kanyakumari District 62 9852.

10.The Executive Officer, South Thamarai kulam Panchayat, South Thamarai kulam (P.O) Agastheeswaram Taluk Kanyakumari District 62 97 01. Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the order of the 1st Respondent in G.O.(Ms) No.139 dated 03.10.2022 and quash the same and consequently direct the Respondents to regularize the services of the petitioners since the date of appointment as provided under G.O.Ms.No.199, dated 12.08.1997 with all consequential and regular scale to pay with all attendant and monetary benefits within a reasonable time. W.P.No.32964 of 2024

1.A.Alexander

2.P.Jagan

3.C.Jaikumar

4.A.Sivan

5.M.Vineeshkumar

6.P.Yapu Suresh Pal

7.T.Thangappan

8.M.Gopal

9.N.Manimurugan ..Petitioner(s) Vs.

1.The Government of Tamil Nadu, Rep.by Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Government of Tamil Nadu, Rep.by Principal Secretary, Finance Department, Fort St.George, Chennai-600 009.

3.The Government of Tamil Nadu, Rep by its Additional Chief Secretary to Government, Municipal Administration and Water Supply (TP.1) Department, Fort St.George, Chennai-600009.

4.The Director of Municipal Administration, MRC Nagar, Raja Annamalai Puram, Chennai-600028.

¶5The Commissioner of Town Panchayats, Administrative Office, No.75, Santhome High Road, Raja Annamalai Puram, Chennai-600028.

6.The Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai-600 018.

7.The Executive Officer, Kappiyarai Town Panchayat, Kappiyarai Post, Kanyakumari District.

¶8The Executive Officer, Thiruvithancode Town Panchayat, Kanyakumari District.

¶9The Executive Officer, Vilavoor Town Panchayat, Kanyakumari District.

10.The Executive Officer, Arumanai Town Panchayat, Kanyakumari District.

11.The Executive Officer, Keezhakulam Town Panchayat, Kanyakumari District.

12.The Executive Officer, Nalloor Town Panchayat, Marthandam Post, Kanyakumari District.

13.The Executive Officer, Vellimalai Town Panchayat, Kanyakumari District.

14.The Executive Officer, Eraniel Town Panchayat, Kanyakumari District.

15.The Executive Officer, Mylaudy Town Panchayat, Kanyakumari District. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records from the 3rd Respondent relating to G.O.(Ms) No.139, Municipal Administration and Water Supply (TP.1) Department, dated 03.10.2022 and quash the same and consequently direct the Respondents to regularize the service of the Petitioners as per the G.O.Ms.No.199, Municipal Administration and Water Supply Department dated 12.08.1997 within the time to be stipulated by this Hon'ble Court. W.P.No.14531 of 2024

1.K.Murugesan

2.R.Panchalingam

3.M.Murali

4.R.Rangarajan

5.S.Dhandapani

6.P.Karuvanrayan

7.V.Vijayakumar

8.R.Sasikumar

9.K.Shanmugan

10.K.Balan

11.V.Suresh Babu

12.V.Rajesh

13.C.Sankar

14.M.Sathya Moorthy

15.P.Harikrishnan

16.G.Manikandan

17.A.Sivasangaran

18.N.Dhanan seliyan

19.K.Mahalingam

20.E.S.Manikandan

21.M.Seenivasan

22.P.Muthuraj

23.P.Marimuthu

24.M.Balamurugan

25.M.Mariyapan

26.D.Perumal

27.G.Balamurugan 28 .E.Esakkiraj Vs.

¶1The Government of Tamil Nadu, Rep by its Additional Chief Secretary to Government, Municipal Administration and Water Supply (TP.1) Department, Fort St.George, Chennai-600009.

2.The Director of Municipal Administration, MRC Nagar, Raja Annamalai Puram, Chennai-600028.

3.The Commissioner of Town Panchayats, Administrative Office, No.75, Santhome High Road, Raja Annamalai Puram, Chennai-600028.

4.The Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai-600 018.

¶5Assistant Director of Town Panchayats, Town Panchayat Office, District Collector Additional Complex, Nagercoil Region, Nagercoil, Knniyakumari District-629001.

¶6The Executive Officer, Thiruvvattar First Grade Town Panchayat, Thiruvattar Post, Kanyakumari District 62 91 91.

¶7The Executive Officer, Aatur Second Grade Town Panchayat, Aatur Post, Kanyakumari District 62 91 91.

¶8The Executive Officer, Pagode Town Panchayat, Pagode Post, Kanyakumari District 62 91 68.

¶9The Executive Officer, Boothapandi First Grade Town Panchayat, Bhoothapandi Post, Kanyakumari District 62 9852.

10.The Executive Officer, South Thamarai kulam Panchayat, South Thamarai kulam (P.O) Agastheeswaram Taluk Kanyakumari District 62 97 01. Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the order of the 1st Respondent in G.O.(Ms) No.139 dated 03.10.2022 and quash the same and consequently direct the respondents to regularize the services of the petitioners since the date of appointment as provided under dated 12.08.1997 with all consequential and regular scale of pay with all attendant and monetary benefits within a reasonable time. C O M M O N O R D E R Since the issue involved in all the Writ Petitions being one and the same, all these Petitions are taken up for final disposal by way of common order.

¶2These Writ Petitions have been filed challenging G.O.(Ms) No.139, Municipal Administration and Water Supply (TP.1) Department, dated

03.10.2022 issued by the Additional Chief Secretary to Government, Municipal Administration and Water Supply, whereby the services of the petitioners are proposed to be outsourced to private

¶3The petitioners are working as temporary Solid Waste Management Drivers under various Town Panchayats on daily wage basis. It is the case of the petitioners that, despite having rendered more than ten years of service, their services have not been regularized. On the contrary, the 1st respondent has passed the impugned G.O.(Ms) No.139, Municipal Administration and Water Supply (TP.1) Department, dated 03.10.2022 permitting town panchayats to carry out such activities through contract basis thereby outsourcing the services of the petitioners to private contractors. Aggrieved by which, the present Writ Petitions have been filed.

¶4Though a larger relief has been sought for in these Writ Petitions, at the time of arguments, learned counsel appearing for the petitioners confined his prayer and submitted that, it would suffice, if this Court permits the petitioners to make representations in terms of G.O(Ms).No.199, Municipal Administration and Water Supply Department dated 12.08.1997 and the respondents may be directed to consider and pass orders on the same.

¶5On the above contention, this Court, heard the learned counsel appearing for the respondents and perused the materials available on records.

¶6Considering the limited relief sought for in these Writ Petitions, this Court without interfering with the impugned order, directs the petitioners to submit a representation to the respondents in terms of G.O.Ms.No.199, Municipal Administration and Water Supply Department dated 12.08.1997 within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the respective town panchayat authorities are directed to consider the same in the light of G.O.Ms.No.199, dated

12.08.1997 and thereafter, pass appropriate orders within a period of eight (8) weeks thereafter.

¶7With the above direction, the Writ Petitions are disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

26.02.2026 Index:Yes/No Internet:Yes Speaking/Non-Speaking order Nhs To

1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply (TP.1) Department, Fort St.George, Chennai-600009.

2.The Principal Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

3.The Principal Secretary, Government of Tamil Nadu, Finance Department, Fort St.George, Chennai-600 009.

4.The Director of Municipal Administration, MRC Nagar, Raja Annamalai Puram, Chennai-600028.

5.The Commissioner of Town Panchayats, Administrative Office, No.75, Santhome High Road, Raja Annamalai Puram, Chennai-600028.

6.The Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai-600 018.

¶7Assistant Director of Town Panchayats, Town Panchayat Office, District Collector Additional Complex, Nagercoil Region, Nagercoil, Knniyakumari District-629001.

¶8The Executive Officer, Thiruvvattar First Grade Town Panchayat, Thiruvattar Post, Kanyakumari District 62 91 91.

¶9The Executive Officer, Aatur Second Grade Town Panchayat, Aatur Post, Kanyakumari District 62 91 91.

¶10The Executive Officer, Pagode Town Panchayat, Pagode Post, Kanyakumari District 62 91 68.

¶11The Executive Officer, Boothapandi First Grade Town Panchayat, Bhoothapandi Post, Kanyakumari District 62 9852.

12.The Executive Officer, South Thamarai kulam Panchayat, South Thamarai kulam (P.O) Agastheeswaram Taluk Kanyakumari District 62 97 01. W.P.Nos.13479,o32694o&o14531oofo2024 M.DHANDAPANI,oJ. Nhs WPoNos.13479,o32694o&o14531oofo2024 W.M.P.Nos.14644,o14645,o35527,o35528, 35529,o35530,o15820o&o15821oofo2024

26.02.2026