WP/17149/2022 of N.Saraswathi Vs The Secretary to Government on 5 October 2026

COMMON ORDER

The present Writ Petitions have been filed seeking issuance of a Writ of Mandamus, directing the respondents herein to treat the petitioners as permanent employees in the service of the Department of Sericulture, Tamil

Nadu, with effect from 15.07.2000 and 22.07.1996, respectively, and consequently, direct the respondents to pay the petitioners' pension and other consequential benefits in accordance with the Tamil Nadu Pension Rules, 1978.

2. The learned counsel for the petitioners would submit that the petitioners joined the third respondent-Department on 06.07.1990 and 21.07.1986, respectively, on a daily-wage basis. Thereafter, on 28.04.2010, the petitioners were regularized and subsequently retired from service on 28.02.2019 and 31.12.2018, respectively. It is the specific submission of the learned counsel for the petitioners that, having joined the Department during the years 1990 and 1986, respectively, they are entitled to be construed as permanent employees from the date of their initial appointment, in terms of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. If that be so, notwithstanding the fact that they were regularized on 28.04.2010, the petitioners would be entitled to pension. In support of his contention, the learned counsel for the petitioners placed reliance upon the judgment of the Division Bench of this Court in R.Lakshmi v. Chief Engineer (Personnel) [W.P.No.5980 of 2004, dated 03.08.2012]. Hence, he prayed to allow these Writ Petitions.

3. Per contra, the said contention was stoutly opposed by the learned Special Government Pleader appearing for the respondents and would contend that the petitioners were initially appointed in the years 1990 and 1986, respectively. Thereafter, pursuant to G.O.(Ms).No.22, Personnel and Administrative Reforms Department, dated 28.02.2006, as a one-time measure, the petitioners were regularized, since they had completed ten years of service as on 01.01.2006. In view of the said G.O.(Ms).No.22, Personnel and Administrative Reforms Department, dated 28.02.2006, along with 520 casual employees, the petitioners were also regularized by relaxing Rule 4 of the Special Rules for the Tamil Nadu Basic Service.

3.1. It is also the submission of the learned Special Government Pleader that the petitioners were promoted as Junior Inspectors of Sericulture vide proceedings of the second respondent dated 20.11.2014 and joined duty in the superior service as Junior Inspectors of Sericulture on 17.02.2015 in the Office of the third respondent. Thereafter, the petitioners retired from service on 28.02.2019 and 31.12.2018, respectively. He would further submit that the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 is not applicable to the petitioners and that, having accepted their regularization in the year 2010 and having continued in service thereafter and retired from service, it is too late in the day for the petitioners to seek any right under the said Act. Hence, he prayed to dismiss these Writ Petitions.

4. I have given my anxious consideration to the submissions made on either side.

5. The dates and events are not in serious dispute. The point that arises for consideration is whether the petitioners are liable to be treated as permanent employees under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and, consequently, whether their permanency has to be construed from the date of their initial appointment.

6. Though the learned counsel for the petitioners placed reliance upon the judgment of the Division Bench of this Court in R.Lakshmi's case (cited supra), the facts of the said case are not applicable to the present set of facts. In the instant case, though the petitioners were initially appointed on a daily-wage basis during the years 1990 and 1986, respectively, they were subsequently regularized with effect from 23.02.2010, vide G.O.(Ms).No.25, Handlooms, Handicrafts, Textiles and Khadi (G2) Department, dated 23.02.2010. The said regularization was not challenged by the petitioners at any point of time. It is also relevant to mention that, after having been regularized with effect from 23.02.2010, the petitioners were promoted on 20.11.2014 and thereafter retired from service on 28.02.2019 and 31.12.2018, respectively.

7. Had it been the case of the petitioners that they were entitled to be construed as permanent employees from the date of their initial appointment in terms of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, they ought to have challenged G.O.(Ms).No.25, Handlooms, Handicrafts, Textiles and Khadi (G2) Department, dated 23.02.2010. In the case in hand, the said Government Order remains unchallenged. Therefore, the regularization of the petitioners with effect from 23.02.2010 cannot now be altered to take effect from the date of their initial appointment.

8. Therefore, the contention put forth by the learned counsel for the petitioners that they have to be construed as permanent employees from the date of their initial appointment is contrary to G.O.(Ms).No.25, Handlooms, Handicrafts, Textiles and Khadi (G2) Department, dated 23.02.2010. Furthermore, the pension scheme is not applicable with effect from 01.04.2003. Since the petitioners were regularized only in the year 2010, the question of extending the benefit of the pension scheme to them does not arise. Therefore, this Court does not find any merit in these Writ Petitions.

9. In the result, these Writ Petitions are dismissed. No costs. 05-10-2026 Index: Yes Speaking order Neutral Citation: Yes KV To

1. The Secretary to Government Department of Textiles, Handloom, Khadi and Handicrafts, Fort St.George, Chennai-600 009.

2. The Director Department of Sericulture, Nethaji Nagar, Hasthampatti, Salem-636 007.

3. The Assistant Director Department of Sericulture, Krishnagiri.

4. The Assistant Director Department of Sericulture, Balasundaram Salai, Coimbatore-18.

C.KUMARAPPAN J. KV WP Nos. 17149 and 17153 of 2022 05-10-2026