IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.07.2009 Coram: THE HONOURABLE Mr.JUSTICE R.SUDHAKAR WP NO.35613 OF 2004 1.S.Arasan (died) 2.Tmt.Rajambal 3.A.Selvamani 4.A.Selvakumar 5.A.Senthilkumar ... Petitioners (Petitioner 2 to 5 are brought on record as LRs of the deceased 1st Petitioner as per order of Court dated 2.11.2006 made in W.P.No.35613/04) Vs 1.State of Tamil Nadu rep. By Engineer (High ways) Chepauk, Chennai – 600 005. 2.Divisional Engineer (H&RW),, Cuddalore 3.Asst. Divisional Engineer (High way) Tamil Nadu Sugarcane Road Development Scheme, Kallakurichi Cuddalore District. … Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to regularise the services of the Petitioner as Watchman with effect from the date of initial appointment,i.e.21.5.1977 and given him all other consequential service benefits including pension and arrears of pension, etc. which the petitioner is entitled to on such regularization. For Petitioners: Mr.M.Gnanasekar For Respondents: Mr.L.S.M.Hasan Fizal Government Advocate ORDER This petition is filed to direct the respondents to regularise the services of the Petitioner as Watchman with effect from the date of initial appointment,i.e.21.5.1977 and given him all other https://hcservices.ecourts.gov.in/hcservices/ consequential service benefits including pension and arrears of pension, etc. which the petitioner is entitled to on such regularization. 2.The Writ Petition was initially filed by S.Arasan, now deceased. The deceased petitioner originally joined as a Watchman in the Highways Department on 21.05.1977. He was transferred from place to place and on completion of five years of regular service, he made a representation to the first respondent for regularization. Since the Department did not accede to his request for regularization, he filed an application in O.A. No.9272 of 2000, re-numbered as W.P.No.46040 of 2006 for the said relief. 3. Mr.M.Gnanasekar, learned counsel for the Petitioners now states that the said Writ Petition will be withdrawn in view of the orders to be passed in the present writ petition which is also for the same relief. 4.The petitioner late S.Arasan retired on 30.06.2001 and he died on 17.04.2006 as stated by the counsel. On his death, the L.Rs. have been brought on record by order dated 02.11.2006 in WPMP No.18318 of 2006. The grievance of the late Arasan is that he completed the minimum period of service required to be regularized. However, inspite of his earnest plea for regularization, his claim was not considered. This is contrary to G.O.Ms.No.107 dated 05.02.1987. Similarly placed persons, in particular one D.Ranganathan filed O.A.No.9987 of 1988 for regularisation before the administrative tribunal. The tribunal by order dated 19.08.1999 allowed the O.A. and granted certain benefits. 5.The tribunal ordered in so far as D.Ranganathan is concerned, was implemented by the Government and his service was regularized on completion of five years of service in G.O.Ms.No.82 dated 08.05.2000. He was granted notional increment so as to give the consequential benefit by way of retirement benefit. This was followed by another G.O.Ms.No.209 dated 28.11.2002 in respect of D.Ranganathan and it reads as follows - "In the circumstances stated by the Chief Engineer (General) in his letter third read above, the Government have examined the points raised by the Accountant General in his letter second read above and they direct that in modification of the orders issued in Government Order first read above, the services of Thiru D.Renganathan, Office Watchman be regularized from the date of completion of 5 years ( i.e.) with effect from 1.4.1985. In exercise of the powers conferred under rule 82 of the Tamil Nadu Pension Rule 1978, the Governor of Tamilnadu hereby relaxes proviso to Note.1, under rule 30 of the said rules for counting the undrawn pay https://hcservices.ecourts.gov.in/hcservices/ for the purpose of calculation of pensionary benefits. The benefit of this order will confer on him only for pensionary benefits. This order issues with the concurrence of Finance Department vide its U.O.No.67577/PW 1/2002-1-dated 7-11- 2002." 6.On the same line, the L.Rs. of late Arasan claim similar benefits. There is no denial or dispute with regard to the factual aspect of the claim with regard to the length of services rendered by late Arasan. 7.In the counter, it is averred as follows - "Accordingly a consolidated proposal consisting 46 contingent watchman for regularising their services was submitted to the Government in Chief Engineer (H) Chennai -5 in Letter No.57507/35/90/ dated 27.05.2003 and the matter is under consideration of the Government." 8.In view of the stand taken by the respondents in the counter affidavit, there appears to be no impediment in so far as regularization is concerned. The first respondent is therefore directed to pass appropriate orders granting the benefit of regularization on completion of five years of service as recommended to Government by the department concerned. The L.Rs. of the deceased Government servant are entitled to such benefit on regularization. 9.The first respondent or the appropriate authority is directed to pass orders regularizing the services of the Government servant late Arasan in terms of the G.O. referred to above and extend all the benefits that has been granted to D.Ranganathan in terms of G.O.Ms.No.82 dated 08.05.2000. Such order to be passed within a period of eight(8) weeks from the date of receipt of copy of this order. Accordingly, the writ petition is ordered with the above direction. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rgr https://hcservices.ecourts.gov.in/hcservices/ To 1.The Engineer (High ways) State of Tamil Nadu Chepauk, Chennai – 600 005. 2.The Divisional Engineer, Cuddalore 3.The Asst. Divisional Engineer (High way) Tamil Nadu Sugarcane Road Development Scheme, Kallakurichi Cuddalore District. 1 cc To Mr.M.Gnanasekar, Advocate, SR.30567 1 cc To The Government Pleader, SR.30600 W.P.No.35613 of 2004 ks(co) pmk.22.7.2009. https://hcservices.ecourts.gov.in/hcservices/