S.Kamatchi v. The Director

ORDER This Writ Petition has been filed seeking a direction to the respondents to pass orders for regularization of service of the petitioner in the post of Cook from the date of appointment on 04.03.2016 with salary and other service benefits in consideration of representation submitted by the petitioner dated

08.12.2023 and 18.12.2023.

¶2It is the case of the petitioner that she was appointed as Cook in the Adi Dravidar Welfare Department by the proceedings of the 3rd respondent dated

03.03.2016 and joined service on 04.03.2016 at Government ADW College Women Hostel, Vadachennimalai. Subsequently, the petitioner was relieved from service by the order dated 23.12.2017 passed by the 2nd respondent. Thereafter, she was reinstated into service on 02.03.2018 however, her salary was stopped with effect from 01.08.2018. Aggrieved by the non-payment of salary, the petitioner filed a Writ Petition before this Court in W.P.No.28190 of 2019 seeking payment of salary with effect from 01.08.2018 which was disposed of by this Court with a direction to the 3rd respondent to pay the salary based on the order of appointment dated 03.03.2016. Challenging the said order, the respondents preferred Writ Appeal before the Division Bench of this Court which was dismissed by order dated 04.10.2013 with a direction to make payment of salary to the petitioner for the relevant period i.e., 01.08.2018 to

17.03.2020. As against the order of dismissal, the Department preferred the Page3 of 6 Special Leave Petition before the Hon'ble Apex Court which also ended in dismissal. Despite the above orders having attained its finality, the petitioner has neither been paid with salary for the relevant period nor her services were regularized and therefore, in order to espouse the said cause, the petitioner submitted a representation dated 18.12.2023 to the respondents which did not evoke any response. Hence, the petitioner has come up with the present Writ Petition.

¶3Learned counsel appearing for the petitioner submitted that, during the pendency of the Writ Petition, the 3rd respondent sent a reply dated 02.02.2024 pursuant to the petitioner's representation stating that the petitioner's name has been included in the seniority list of cooks working in the adi Dravidar and Tribal Welfare Schools and Hostels in Salem District at Serial No.146. It was further stated that, the order of regularization and declaration of probation would be subject to the orders to be passed by this Court as well as the outcome of the investigation by the Anti-Corruption and Vigilance Department. Therefore, this Court may issue a direction to the respondents to implement the order dated 02.02.2024 within the reasonable time that may be stipulated by this Court.

¶4On the above contention, this Court heard the learned Special Government Pleader appearing for the respondents. Page4 of 6 .

¶5In view of the aforesaid submissions and also taking into consideration the reply dated 02.12.2024 issued by the 3rd respondent, the respondents are directed to implement the said order by considering the case of the petitioner for regularization and declaration of probation in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order, if there is no legal impediment.

¶6The Writ Petition stands disposed of in the above terms. There shall be no order as to costs. 05-02-2026 Index: Yes/No Speaking/Non-speaking order NHS Page5 of 6 To

¶1The Director Adi Dravidar And Welfare Department, Chepauk, Chennai-600 005.

¶2The District Collector, Salem District, Salem-636 001.

3.The District Adi Dravidar Welfare Officer, Salem District, Collectorate Campus, Room No.109, First Floor, Salem 636 001.

¶4The Special Tahsildhar (adw) Attur Taluk 636 102, Salem District. Page6 of 6

M.DHANDAPANI, J. NHS 05-02-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI S.Kamatchi ..Petitioner(s) Vs 1. The Director Adi Dravidar And Welfare Department, Chepauk, Chennai-600 005. 2. The District Collector, Salem District, Salem-636 001. 3. The District Adi Dravidar Welfare Officer, Salem District, Collectorate Campus, Room No.109, First Floor, Salem 636 001. 4. The Special Tahsildhar (adw) Attur Taluk 636 102, Salem District. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to pass orders for regularization of service of the petitioner in the post of Cook from the date of appointment on 04.03.2016 with salary and other service benefits in consideration of representation submitted by the petitioner dated 08.12.2023 and 18.12.2023. For Petitioner(s): Mr.Mr.Jayamalan For Respondent(s): Mrr.P.Balathandayutham, Special Government Pleader Page2 of 6