IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.7.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.4772 of 2004; 288 of 2005; and 23252, 27846, 32977 and 40186 of 2006; and 69, 10428 and 21617 of 2007 M.P.No.3 of 2006 in W.P.Nos.23252, 27846, 32977 and 40186 of 2006 and M.P.No.2 of 2007 in W.P.Nos.69, 10428 and 21617 of 2007 1.K.S.Chakkaravarthy, 2.P.Ambica, 3.R.Murugan, 4.M.Kannan, 5.K.Shanmugam, 6.R.Palanivelu, 7.C.Prabudoss, 8.N.Subramani, 9.G.Ravikumar, 10.B.Venkataiah, 11.T.Panneer Selvam, 12.B.Ramasubramanian, 13.M.Saravanan, 14.A.Murugan, 15.S.Suresh Kumar. 16.K.Ansarkhan, 17.A.Durai 18.K.Lokaiah, 19.E.Unnikrishnan, 20.A.R.Balaji 21.S.Sadique Ali, 22.K.Arumugan, 23.P.Anantharaman, 24.N.Sivakumar, 25.N.Marimuthu, 26.B.Srinivasan. .. Petitioners in WP.4772/04 M.Shankar Chennai .. Petitioner in WP.288/05 1.C.Ramesh 2.E.Vaiyapuri 3.Mr.Suresh Kumar Cause title amended as per order dt.25.9.06 by AKJ in MP.4/06 in WP.23252/06 https://hcservices.ecourts.gov.in/hcservices/ 4.E.Santhamurthi 5.L.Narayanan 6.M.Murugesan .. Petitioners in WP.23252/06 1. V.Srinivasan 2. S.Sankar 3. E.Sathish Kumar 4. S.Palaniyandi 5. M.Senthil Kumar 6. G.Arumugam 7. D.Senthil Selvam 8. R.Senthil 9. K.Jegannathan 10.G.Paulpandi 11.S.Venkatachalam 12.Tmt.C.Helanmary 13.D.Govindan 14.M.Kuppusamy(died) 15.K.Hirudayaraj .. Petitioners in WP.27846/06 1. K.Lazar 2. U.Gunasekaran 3. R.Illangovan .. Petitioners in WP.32977/06 1. M.Prakash 2. H.Ayad Bee 3. S.Mariyammal 4. S.T.Narendra Kumar 5. G.Krishnan 6. D.Palani Murugan 7. D.Krishnan .. petitioner in wp.40186/06 K.Selvam .. Petitioner in WP.69/07 S.Varalakshmi .. Petitioner in WP.10428/07 P.Saravanan .. Petitioner in WP.21617/07 vs. 1.The State of Tamilnadu, represented by the Secretary to Government, Personnel & Administrative Reforms(F) Department, Secretariat, Chennai-9. 2.The Secretary to Government, Small Industries Department, Secretariat, Chennai-9. https://hcservices.ecourts.gov.in/hcservices/ 3.Tamilnadu Small Industries Development Corporation Ltd., (A Government of Tamilnadu Undertaking), represented by the Managing Director, Paulwel's Road, Kathipara Junction, Chennai-16. ... Respondents in all WPs. Prayer : Writ Petition are filed under Article 226 of the Constitution of India praying to call for records on the file of the respondents 1 and 3 in connection with the orders passed by them in G.O.Ms.No.49 dated 14.5.2002 and Rc.No.19689/B2/2001 dated 2.12.2003 respectively and quash the same and direct the respondents to regularise the service of the petitioners with effect from the date of completion of 10 years of service with all monetary and service benefits as far as the petitioners are concerned by issuing a Writ of Certiorarified Mandamus respectively. For Petitioners in WP.Nos.4772/04,288/05, 23252,27846,32977,40186/06, 69/07 & 10428/07 : Mr.R.Singaravelan For Petitioner in WP.21617/07 : Mr.E.Kannadasan For Respondents in all WPs : Mr.T.Seenivasan Additional Government Pleader for R1 : Mr.L.S.M.Hasan Fizal, Government Advocate for R2 : Mr.S.Ramasamy, Additional Advocate General for Mr.V.P.Sengottuvel for R3 COMMON ORDER Writ Petition No.4772 of 2004 is filed praying to call for records on the file of the respondents 1 and 3 in connection with the orders passed by them in G.O.Ms.No.49 dated 14.5.2002 and Rc.No.19689/B2/2001 dated 2.12.2003 respectively and quash the same and direct the respondents to regularise the service of the petitioners with effect from the date of completion of 10 years of https://hcservices.ecourts.gov.in/hcservices/ service with all monetary and service benefits as far as the petitioners are concerned by issuing a Writ of Certiorarified Mandamus. 2. All the above writ petitions have been filed seeking same relief, and therefore, are taken together and disposed of by this common order. 3. Petitioners are aggrieved by the Government Order No.49 dated 14.5.2002, inasmuch as the various Government Departments and quasi Government bodies were directed to out source employees falling under categories C and D. In other words, the employment under such category should be on contract basis. The petitioners in these cases are aggrieved by the said Government Order No.49 dated 14.5.2002 and stated that they have worked for more than 2400 days continuously and they have put in more than 10 years in service and they have to be regularised. 4. Pending writ petitions G.O.Ms.No.91 Micro Small and Medium Enterprises (C) Department dated 10.7.2009 has been passed whereby, it is stated by the counsel for the petitioners that the services of 49 persons have been regularised in the Tamil Nadu Small Industries Development Corporation Limited. They are as follows:- Sl. No. W.P.No. Petitioners those who are regularised Not yet regularised Remarks 1 4772 of 2004 Petitioners 1 to 5, 7 to 12, 14, 16, 18 to 26 Petitioners 6, 13, 15 and 17 2 288 of 2005 Sole Petitioner --- 3 23252 of 2006 All the Petitioners 1 to 6 --- 4 27846 of 2006 Petitioners 2 to 8, 10 to 13 and 16 Petitioners 1, 9 and 15 Petitioner No.14 died 5 32977 of 2006 Petitioner No.1 Petitioners 2 and 3 6 40186 of 2006 Petitioners 1 to 3 Petitioners 4 to 7 7 69 of 2007 --- Sole petitioner 8 10428 of 2007 --- Sole respondent 9 21617 of 2007 --- Sole respondent 5. Counsel for the petitioners in W.P.Nos.4772 of 2004, 288 of 2005, 23252, 27846, 32977 and 40186 of 2006 and 69 and 10428 of 2007 produced a copy of the said G.O. He also made an endorsement https://hcservices.ecourts.gov.in/hcservices/ confirming the above fact. On verification, out of 49 persons, the services of 45 persons were regularised. Four persons, whose services were regularised in the above G.O., are not before this court. 6. According to the counsel for the petitioners Mr.R.Singaravelan, he filed writ petitions on behalf of 65 persons. But there are 61 persons only. Out of 61 persons, the services of 45 persons were regularised. One person died. The services of balance 15 persons were not regularised. 7. In W.P.No.21617 of 2007 Shri Dayalan appears on behalf of the petitioner. The services of the petitioner in W.P.No.21617 of 2007 is also not regularised. 8. Mr.S.Ramasamy, learned Additional Advocate General, appearing for the third respondent in all the writ petitions states that the claim of the other petitioners who did not get the benefit under G.O.Ms.No.91 dated 10.7.2009 will be considered on merit if they possess the required eligibility criteria for regularization as in the case of other persons. So far as the other 16 persons, who are not given the benefit of the G.O.Ms.No.91 dated 10.7.2009, they will not be terminated from service pending consideration of their claim by the Government. 9. In view of the above submissions, the Government is directed to consider the claim for regularization of the 16 petitioners as mentioned above, provided they satisfy the requirement for regularisation as in the case of persons who have been given the benefit under G.O.Ms.No.91 dated 10.7.2009 and pass appropriate orders within a period of eight weeks from the date of receipt a copy of this order. 10. With regard to consequent service benefit pleaded, it is open to the petitioners to agitate the same separately by a proper representation to the authority concerned. All the writ petitions are disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Asst. Registrar / True Copy / Sub.Asst Registrar ts https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government, Personnel & Administrative Reforms(F) Department, Secretariat, Chennai-9. 2.The Secretary to Government, Small Industries Department, Secretariat, Chennai-9. 3.The Managing Director, Tamilnadu Small Industries Development Corporation Ltd., (A Government of Tamilnadu Undertaking), Paulwel's Road, Kathipara Junction, Chennai-16. 4. The Section Officer, V.R.Section, High Court, Madras. + 1 cc to Mr.E.Kannadasan,Advocate,SR.33721 + 1 cc to Mr.V.P.Sengottuvel,Advocate,SR.33548 + 8 ccs to Mr.R.Singgaravelan,Advocate,SR.33827,33829 to 33832 33835,338367 + 1 cc to Government Pleader,High Court, Madras.SR.33753 W.P.No.4772 of 2004 etc. NTK(CO) EM/12.8.09 https://hcservices.ecourts.gov.in/hcservices/