K.Kamaraj v. The Secretary to the Government of Tamilnadu (Fac)

O R D E R This writ petition is filed for the following relief: "To call for the records in so far as to negating the right of the petitioners to get the monitory benefits from the date of regularization in G.O.(Ms) No.102, Human Resources Management (M) Department on 16.11.2023 issued by the 1st respondent and consequential rejection memo No.209/PD -E2/2023 dated 03.09.2024 issued to the petitioners individually by the 2nd respondent and quash the same and direct the respondents to issue orders granting monitory effect from the date of regularization of the petitioners."

¶2The petitioners were appointed on a daily wage basis in the 2nd respondent office through employment exchange and paper advertisement. It is submitted that the 1st petitioner challenged G.O.Ms.No.49, P&AR (M) Department dated.20.05.2014 and consequential proceedings No.4707 PD-E2/2010 dated 19.06.2014 issued by the 2nd respondent fixing the special time scale in the scale of pay of Rs. 1300-3000+300 on 25.05.2014 stating that the individuals did complete more than 3 years of service as sanitary worker in the 2nd respondent office. This Court in W.P No.5161 of 2017 quashed the said GO issued by the 1st respondent and consequential proceedings of the 2nd respondent dated 19.06.2024.

¶3Accordingly, the 1st respondent issued G.O.Ms.No.102, Human Resources Management (M) Department dated 16.11.2023, regularizing services of the 1st petitioner from 01.01.2009 on completion of 10 years of service. With regard to other petitioners the 1st respondent directed the 2nd respondent to regularize their services after proper verification.

¶4Challenging the same, the petitioners are before this Court.

¶5Heard the learned counsels on the either side and perused the records.

¶6The issue on hand is whether the benefits should be fixed notionally from the date of regularisation or from the date of order directing the regularisation. In the case on hand, the petitioners have been appointed on a daily wage basis as given below: S.No Name (Tvl) Date of appointment as Daily wage employees Method

of appointment K.Kamaraj

05.10.1998 Employment Exchange E.Saroja

20.08.2001 Employment Exchange D.Krishnaveni

21.08.2001 -do-S.Jagala

21.08.2001 -do-D.S.Malathi

01.02.2007 Direct

Recruitment through

paper advertisement K.Selvi

01.02.2007 -do-I.Manokari

01.02.2007 -do-E.Jayalakshmi

01.02.2007 -do-

¶7They were due for regularisation within 10 years of their services. However, the respondents did not proceed to regularise the service of the petitioners and despite several representation, ultimately, by GO.Ms.No.102, Human Resources Management (M) Department dated 16.11.2023, the 1st respondent had regularised the services of the petitioners with effect from the date on which they had completed 10 years and the petitioners' services have been regularised as detailed below: Sl.No Name Date of Joining Date

of Regularisation E.Saroja

20.08.2001

20.08.2011 D.Krishnaveni

21.08.2001

21.08.2011 S.Jagala

21.08.2001

21.08.2011 D.S.Malathi

01.02.2007

01.02.2017 K.Selvi

01.02.2007

01.02.2017 I.Manokari

01.02.2007

01.02.2017 E.Jayalakshmi

01.02.2007

01.02.2017

¶8The 1st petitioner had in the meanwhile retired. However, the respondents had in the order dated 16.11.2023, stated that the services were regularised with effect from completion of period of 10 years but the pay and other benefits would be notionally fixed from the date of regularisation. The respondents have erroneously proposed that the pay and other allowances would be fixed from the date of regularisation.

¶9In GO.Ms.No.74, Personnel and Administrative Reforms (F) Department, dated 27.06.2013, orders have been issued with reference to regularising the service of the daily workers. In the said Government Order it was made that where there is relaxation of rules monetary benefit would be from the date of issue of the orders. In the case on hand, there has been no relaxation and the petitioners have been regularised on the date they ought to be regularised. Therefore, the respondents cannot direct that the pay and other benefits would be apply only from the date of the order.

¶10In view of the above observation, the impugned order dated

16.11.2023 and the consequential order dated 03.09.2024 are quashed. The respondents are directed to issue orders granting monetory effect from the date of regularization of the petitioners, within a period of 6 weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is allowed. Consequently, the connected miscellaneous petitions are closed. No costs.

17.03.2026

kan To

1.The Secretary to the Government of Tamilnadu (FAC) Human Resources Management (M) Department, Secretariat, Chennai – 600 009.

2.The Secretary, Tamilnadu Public Service Commission, Frazer Bridge Road, Chennai – 600 003.

P.T. ASHA, J

kan

17.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 17.03.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 34732 of 2024 & W.M.P.Nos. 37664, 37665 & 37666 of 2024 & 3315 of 2026 1.K.Kamaraj 2.E.Saroja 3.D.Krishnaveni 4.S.Jagala 5.D.S.Malathi 6.K.Selvi 7.I.Manokari 8.E.Jayalakshmi ...Petitioners Vs. 1.The Secretary to the Government of Tamilnadu (FAC) Human Resources Management (M) Department, Secretariat, Chennai – 600 009. 2.The Secretary, Tamilnadu Public Service Commission, Frazer Bridge Road, Chennai – 600 003. ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records in so far as to negating the right of the petitioners to get the monitory benefits from the date of regularization in G.O.(Ms) No.102, Human Resources Management (M) Department on 16.11.2023 issued by the 1st respondent and consequential rejection memo No.209/PD -E2/2023 dated 03.09.2024 issued to the petitioners individually by the 2nd respondent and quash the same and direct the respondents to issue orders granting monitory effect from the date of regularization of the petitioners. For Petitioner : Mr. R.Ramachandran For Respondent 1: Mr.T.Chandrasekaran Special Government Pleader For Respondent 2: Ms.Ra.Parkavi For Mr.B.Vijay