Madras High Court
WP/26951/2022 of J.Manohar Vs Government of TamilNadu on 29 September 2026
WP No. 26951 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 26951 of 2022
CNR:{HCMA011596882022}
AND
WMP NO. 26164 OF 2022,WMP NO. 26166 OF 2022
1. J.Manohar
S/o. Jayaraman, No. 2/33, North Street,
Koondalur, Assanur Post, Kallakurichi Taluk, Kallakurichi District 606 305
2. S.Murugavel
s/o. N.Srinivasan, Indira Nagar, Elavasanur Kottai, Ulundurpet Taluk, Kallakurichi District 606 206
3. T.Murugan
S/o. K.Thangavel, No. 4/41, TVN Main Road , Pillaiyar Kuppam, Athur , Kallakurichi District 606 102
4. D.Lakshminarayanan
S/o. K.Dhakshinamoorthy, No.
343,Thirukovilur Raod, Vadathorasalur village, Kallakurichi District 606 206
..Petitioner(s)
Vs
1. Government of Tamil Nadu
Rep. by its Principal Secretary, Rural
Development and Panchayat Raj Department, Fort St.George, Chennai 09
2. The Director/ commissioner
Department, Panagal Maligai, Saidapet,
Chennai 15
WP No. 26951 of 2022
3. The District collector
Kallakurichi District, Kallakurichi
4. The commissioner/ Block Development officer Ulundurpet Panchayat Union 606 107
5. The commissioner/ Block Development Officer Thiyagadurgam Panchayat Union 606206
6. The Commissioner/ Block Development Officer Thirunavalur Union 607 204
7. The Commissioner/ Block Development Officer Kallakurichi Panchayat Union 606 213
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India praying issuance of Writ of Certiorarified Mandamus calling for the records from the 3rd respondent relating to the proceedings dated 30.09.2022 bearing ref.
Na.Ka.No. PaA5/ 4705/ 2021 and quash the same as illegal, arbitrary, malafide, Vindictive, without jurisdiction and to consequently direct the respondent to treat the petitioner in continuous service without any break in service and to pay all monetary service and all benefits which the petitioner would have been got but for the impugned proceedings.
For Petitioner(s):
Mr.N.G.R.Prassad for M/s. Row And Reddy
For Respondent(s):
Mr.S.Ilamvaludhi, SGP For R1 To R3.
And R6 And R7.
M/s. P.Gurunathan For R4 & R5
WP No. 26951 of 2022
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ORDER
The present petition is filed challenging the impugned order of termination dated 30.09.2022 passed by the 3rd respondent.
2. The learned counsel for the petitioner would submit that initially the petitioner was appointed on a daily wage basis and thereafter the petitioner has requested to be appointed to the post of Record Clerk. Though the petitioner has the required educational qualification, since the petitioner was overaged, he was not in a position to be appointed as Record Clerk and thereby he was terminated.
3. At this juncture, the learned Special Government Pleader would submit that on 18.09.2026, the Government has passed an order in G.O.147 dated 18.09.2026 and the relevant portion of the said G.O. is extracted below:
“5.(i) gjpt[W vGj;jh;fshf gzpakh;j;jg;gl;l 174 egh;fSf;F jkpH;ehL Crhl;rp xd;wpa Fgf;fs; gzpaikg;g[ (mYtyh; kw;Wk; gzpahsh; jFjpfs;) tpjpfs; 1970d; tpjp 8 I (taJ)jsh;t[ bra;J jdpah;fs; murhiz (epiy) vz; 69/ Cuf tsh;r;rp kw;Wk; Cuhl;rp (, 5) Jiw. ehs; 06.08.2012 kw;Wk; murhiz (epiy) vz; 38, Cuf tsh;r;rp kw;Wk; Cuhl;rp (, 5) Jiw. ehs; 03.05.2013 -d;go ,izg;g[ 1-y; cs;sthW gjpt[W vGj;jh;fshf gzpapy; nrh;e;j ehs; Kjy; ,th;fsJ gzpapid gzptud;Kiw bra;J Mizaplg;gLfpwJ. “
WP No. 26951 of 2022
4. According to the above G.O., relaxation with respect to the age and other aspects have been given and the Government has decided to regularize the petitioners from the date of their initial appointment and their names are also found in Annexure-I. Therefore, it is the submission of the learned Special Government Pleader that the cancellation of the impugned order is only consequential in nature.
5. In such view of the above position, this Court finds justification to interfere with the impugned order and, according to the submission made by the petitioner, by virtue of the interim order, he has been continuously working in the respondent’s department.
6. In such view of the factual position, the present writ petition is allowed in terms of G.O.147 dated 18.09.2026 and the impugned order of termination bearing ref. Na.Ka.No. PaA5/ 4705/ 2021 dated 30.09.2022 passed by the 3rd respondent is set aside. No costs. The connected miscellaneous petitions are closed. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS
WP No. 26951 of 2022
To
1. The Principal Secretary, Government of TamilNadu Rural Development and Panchayat Raj Department, Fort St.George, Chennai 09
2. The Director/ commissioner Rural Development and Panchayat Raj Department, Panagal Maligai, Saidapet, Chennai 15
3. The District collector Kallakurichi District, Kallakurichi
4. The commissioner/ Block Development officer Ulundurpet Panchayat Union 606 107
5. The commissioner/ Block Development Officer Thiyagadurgam Panchayat Union 606206
6. The Commissioner/ Block Development Officer Thirunavalur Union 607 204
7. The Commissioner/ Block Development Officer Kallakurichi Panchayat Union 606 213
WP No. 26951 of 2022
C.KUMARAPPAN J. JRS WP No. 26951 of 2022 AND WMP NO. 26164 OF 2022,WMP NO. 26166 OF 2022 29-09-2026