IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.3.2010 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.1785 of 2010 and W.P.M.P.No.2037 of 2006 and W.V.M.P.No.1666 of 2006 1.N.Sekar, 2.V.K.Thyagarajan, 3.V.Thulasiraman, 4.P.Thirumalai Nambi, 5.M.Somasundram. ... Petitioners vs. 1.The State of Tamilnadu, represented by its Secretary, Finance Department (Co-operative Audit), Fort St.George, Chennai-9. 2.The Secretary, Co-operation Food & Consumer Protection, Fort St. George, Chennai-9. 3.The Registrar of Co-operative Societies, "NVN Maligai", No.170 EVR Periyar High Road, Kilpauk, Chennai-600 010. 4.The Director of Co-operative Audit, Chepauk, Chennai-05. 5.A.Venkai, 6.V.Senthil Kumar, 7.M.Natarajan. 8.K.Ramachandran, 9.M.Veerasamy, 10.A.Vadivel, 11.R.Raju, 12.M.G.Ramadhasu, 13.R.Venkatesan. 14.D.Sargunam. https://hcservices.ecourts.gov.in/hcservices/ 15.K.Veerarajan, 16.P.Ramasamy, 17.G.Shanmugasundaram, 18.S.Munirasu, 19.P.Manokaran, 20.K.Sudhandira Mohan, 21.R.Selvaraj. 22.M.Umaiyarubagam (Respondents 5 to 21 were impleaded as per order dated 13.4.2006 in W.P.M.P. No.10825 of 2006) (22nd respondent was impleaded as per order dated 7.7.2008 in by VDPJ WPMP No.17614 of 2006 in WP.1785/00) ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to regularise the services of the petitioners with effect from 16.10.1989 with all consequential benefits arising thereto and as had been done to other similar situated personnel vide G.O.No.445/Finance (Co-operative Audit) Department dated 20.12.2005. For Petitioners : Mr.L.Chandrakumar For Respondents : Mr.S.Sivashanmugam Government Advocate for R1 to R4 : Mr.A.V.Bharathi for R5 to R21 : No appearance for R22 O R D E R Writ Petition is filed to issue a Writ of Mandamus, directing the Respondents to regularise the services of the petitioners with effect from 16.10.1989 with all consequential benefits arising thereto and as had been done to other similar situated personnel vide G.O.No.445/Finance (Co-operative Audit) Department dated 20.12.2005. 2. Heard Mr.S.Sivashanmugam, learned Government Advocate appearing for respondents 1 to 4 and Mr.A.V.Bharathi, learned counsel appearing for respondents 5 to 21. 3. It is now fairly stated on either side that the Division Bench order dated 9.1.2008 passed in W.P.Nos.8285, 8286, 10681 and 10682 of 2003 covers this issue. Paras 6 and 7 of the above judgment reads as follows:- https://hcservices.ecourts.gov.in/hcservices/ "6. The State Government did not challenge the said order. But, on the contrary, passed G.O.Ms.No.445 Finance (Co-operative Audit Department dated 20.12.2005 directing regularisation in respect of 21 Junior Co- operative Inspectors with effect from the next date of the conduct of the special qualifying examination, (i.e.), 16.10.1999. The learned special Government Pleader is not able to controvert this argument and also could not justify the discrimination between the two sets of employees, who are similarly placed. Since the Government has given effect to the order of the Tribunal dated 18.12.2003, which came to be passed after the order was impugned in these writ petitions and has also given the consequential regularisatoin order, we do not think that the petitioners herein should be discriminated especially when their service conditions are identical and the nature of grievance projected are also similar. 7. Therefore, without going into the merits of the contentions raised by the parties, we feel that in the interest of justice, the Government cannot make any discrimination between these petitioners and the persons, who are governed by G.O.Ms.No.445 Finance Co-operative Audit dated 20.12.2005. Under these circumstances, all these writ petitions will stand allowed and the Respondents are directed to grant the petitioners the same benefit as per G.O.Ms.No.445 Co- operative Audit Department dated 20.12.2005 and regularise the services of the petitioners. However, there will be no order as to costs." The above Division Bench Judgment of this Court squarely applies to the facts of this case. This Writ Petition is ordered in terms of the above decision. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government, Finance Department (Co-operative Audit), Fort St. George, Chennai-9. 2.The Secretary, Co-operation Food & Consumer Protection, Fort St. George, Chennai-9. 3.The Registrar of Co-operative Societies, "NVN Maligai", No.170 EVR Periyar High Road, Kilpauk, Chennai-600 010. 4.The Director of Co-operative Audit, Chepauk, Chennai- 05. + 1 CC To Mr.L.Chandrakumar, Advocate SR NO.16312. + 1 CC To Mr.A.V.Bharathi, Advocate SR NO.16225. W.P.No.1785 of 2006 NG(CO) RVL 17.03.2010 https://hcservices.ecourts.gov.in/hcservices/