WP/16095/2022 of J.Eswari Vs The State of TamilNadu on 30 September 2026

ORDER

This Writ Petition has been filed by the petitioner for an issuance of Writ of Mandamus to the first respondent to implement the order passed in W.P. No. 30470 of 2008 dated 25.11.2016 by considering petitioners representation dated 23.03.2022 to regularise the services of the petitioners husband from the date of joining as regular time scale of pay in the post of Animal Husbandry Assistant as was given similarly placed Animal Husbandry Assistants.

2. The learned counsel for the petitioner would submit that the petitioner’s husband has filed W.P.No.30470 of 2008 wherein this Court vide order dated 25.11.2016 has held that the petitioner’s husband is entitled to get the same relief as provided in W.P.No.22168 of 2009.

3. For ready reference, Paragraphs 14 and 15 of the order in W.P.No. 22168 of 2009 have been extracted below: “14. Therefore, this Court has no hesitation to hold that the denial of the benefits of regularising of the services of the petitioner from the date of appointment or the date actually the petitioner was brought into time scale of pay, is totally unsustainable in law and

WP No. 16095 of 2022

therefore, the contentions made in this regard on behalf of the respondents are liable to be rejected and accordingly, is rejected.

15. In the result, the writ petition is allowed. The respondents are directed to regularise the service of the petitioner from the date of appointment or the date on which the petitioner was brought into time scale of pay. Once the petitioner is entitled to get his service regularised as above, needless to say that the petitioner shall also be eligible to get all service benefits including periodical increment in pay. Therefore, the respondents are directed to calculate the said pay difference, pay arrears after calculating increment to be paid to the petitioner and pay the same to the petitioner. All the aforesaid directions shall be complied with by the respondents within a period of three months from the date of receipt of a copy of this order. No costs.”

4. On perusal of the above order, it is amply clear that the petitioner is entitled to regularisation, either from the date of initial appointment or from the date on which he was brought under the time scale of pay. Therefore, it is amply clear that as per the order of this Court passed in Writ Petition filed by the petitioner’s husband namely Joshep, the petitioner is entitled to have regularisation from the date he was brought under time scale of pay.

5. In such view of the above factual position, this Court directs the first respondent to consider the petitioner’s representation dated 23.03.2022 in the light of the direction given by this Court in W.P.No.30470 of 2008 dated

WP No. 16095 of 2022

25.11.2016 within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHL To:

1. The State of Tamil Nadu Rep. by its Secretary to the Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai – 9.

2. The Director, Animal Husbandry and Veterinary Services, Veterinary Hospital Complex Building, Nandanam, Chennai - 600 035.

3. The Regional Joint Director, Animal Husbandry Department, Thirunelveli and District.

4. The Clinician, Veterinary Poly Clinic, Thirunelveli-627001

WP No. 16095 of 2022

C.KUMARAPPAN J. SHL WP No. 16095 of 2022 30-09-2026