P.Somasundaram v. Principal Secretary to Government

ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the first Respondent herein in his proceedings Letter No.278/MC/4/2022-5 dated 26.09.2023 and quash the same and consequently direct the respondents herein to regularize the service of the petitioner on completion of 3 years of service from date of his original appointment in the light of the Division Bench Judgment in W.A. No.1615 of 2018 dated

23.11.2023 confirmed by the Hon'ble Supreme Court on 27.09.2024 in SlP(C) No.22954 of 2024 and G.O.(D) No.609 Municipal Administration and Water Page2 of 7 Supplies (MC 3) Department dated 17.10.2025 with all consequential service and monetary benefits within a time frame as deem fit and proper monetary benefits within a time frame as deem fit and proper by this Court.

¶2The case of the petitioner is that he was appointed as a Driver in the erstwhile Udyanpalaym Town Panchayat. He contends that similarly placed employees were granted regularization on completion of three years of service pursuant to Government Order dated 17.10.2025.

¶3Despite being similarly situated to other employees, the petitioner was denied regularization. Consequently, the petitioner approached this Court by way of W.P. No. 27268 of 2021. Vide order dated 16.08.2023, this Court directed the respondents to consider and pass appropriate orders on the petitioner's claim within a period of eight (8) weeks. Pursuant to the said direction, the first respondent passed the impugned order dated 26.09.2023, rejecting the petitioner's request. Challenging the same, the present Writ Petition has been filed. Page3 of 7

¶4The petitioner contends that the respondents failed to appreciate that equals must be treated equally, even in matters of executive or administrative action. Given that the first respondent has already regularized the services of similarly situated persons with effect from the date of completion of three years of service, the petitioner cannot be singled out and denied the same benefits.

¶5The petitioner would further rely on the judgment of the Hon'ble Division Bench dated 23.12.2023, which confirmed that similarly situated employees are entitled to regularization from the date of completion of three years from their original appointment.

¶6Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the 3rd respondent.

¶7The issue involved in the present Writ Petition is squarely covered by the decision of this Court in the case of the Commissioner, Corporation of Chennai and others vs. Principal Secretary to Government and others Page4 of 7 [W.A.No.1615 of 2018 dated 23.11.2023], which was confirmed by the Hon'ble Supreme Court in SLP(C).No.22954 of 2024, vide order dated 27.09.2024.

¶8Considering the facts and circumstances of the case, this Court directs the 1st respondent to consider the case of the petitioner afresh in the light of the judgment of Hon'ble Division Bench of this Court in W.A. No 1615 of 2018 dated 23.11.2023. The first respondent shall pass appropriate orders, on merits and in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order.

¶9With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 08-06-2026 Index: Yes/No Speaking/Non-speaking order Asi Page5 of 7 To

¶1The Principal Secretary to Government Municipal Administration and Water Supplies, Department, Fort St. George, Chennai-600 009

¶2The Director of Municipal Administration, Chennai-600 028

¶3The Commissioner, Coimbatore Corporation, Coimbatore -641 001 Page6 of 7

P.T.ASHA, J. Asi 08-06-2026 Page7 of 7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and W.M.P.No.20294 of 2026 R.Somasundaram S/o. Rengan, Driver, Udayanpalayam, North Zoze, Coimbatore Corporation, Coimbatore ..Petitioner(s) Vs 1. The Principal Secretary to Government Municipal Administration and Water Supplies, Department, Fort St. George, Chennai-600 009 2. The Director of Municipal Administration, Chennai-600 028 3. The Commissioner Coimbatore Corporation, Coimbatore -641 001 ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the first respondent herein in his proceedings Letter No.278/MC/4/2022-5 dated 26.09.2023 and quash the Page1 of 7 same and consequently direct the respondents herein to regularize the service of the petitioner on completion of 3 years of service from date of his original appointment in the light of the Division Bench Judgment in W.A. No.1615 of 2018 dated 23.11.2023 confirmed by the Hon'ble Supreme Court on 27.09.2024 in SLP(C) No.22954 of 2024 and G.O.(D) No.609 Municipal Administration and Water Supplies (MC 3) Department dated 17.10.2025 with all consequential service and monetary benefits within a time frame as deem fit and proper monetary benefits within a time frame as deem fit and proper by this Court. For Petitioner(s): Mr. G.Bala For Respondent(s): Mr. V. Sivalingam Government Advocate for R1 and R2 Mr. N. Umapathy, Standing Counsel for R3