WA/1075/2024 of GOVERNMENT OF TAMIL NADU Vs R.VENKATESAN on 18 September 2026

JUDGMENT

(Krishnaswamy Govindarajan,J.) The unsuccessful respondents in the writ petition are the appellants herein.

2. For the sake of convenience, the parties will be referred to as per their ranks in the Writ Petition; the appellants herein will be referred to as "the respondents," and the respondent herein will be referred to as "the writ petitioner."

3. The petitioner filed the writ petition for the following relief: ‘’...to call for the entire records which culminated in passing the order in Letter No.10734/HM2/2012-9 dated 25.07.2013 on the file of the first respondent, quash the same and consequently, direct the respondents to absorb the petitioner as daily wage employee under the Non Muster Roll category and to regularise the service of the petitioner with all consequential benefits within a time limit to be stipulated by this Hon'ble Court’’.

4. It is the case of the writ petitioner that he was engaged under the Non- Muster Roll (NMR) category under the respondents/department, claiming absorption as a daily wage employee and seeking regularisation of his service. It is the further case of the petitioner that he sought regularisation on completion

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of three years; however, his claim was rejected by the first respondent on 25.07.2013. The petitioner further claimed that similarly placed NMR workers who completed three years had been regularised. However, such regularisation was not extended to him.

5. The respondents herein opposed the writ petition on the ground that the question of automatic regularisation after three years as claimed by the writ petitioner is not legally sustainable. There is a cut-off date of 01.01.2006 as per G.O.Ms.No.22, P & AR Department dated 28.02.2006, under which an NMR who has completed 10 years of service as on 01.01.2006 will be considered for regularisation. The Writ Court allowed the writ petition in favour of the writ petitioner. Aggrieved by the same, the present Writ Appeal has been filed.

6. Heard the counsel for the petitioner and perused the materials on record. There is no representation for the respondent inspite of service.

7. The petitioner was engaged as an unskilled worker on a daily wage basis from 01.01.1984 to 28.04.2003. The petitioner had not completed 10 years of continuous service as on the cut-off date. G.O.Ms.No.22 dated 28.02.2006 was a one-time measure, and at that point in time, the petitioner could not claim benefits under the said G.O. Furthermore, the petitioner did not enter into service through a proper recruitment channel and there was no sanctioned post

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in which the petitioner was employed. In view of the non-applicability of G.O.Ms.No.22, as well as the fact that the petitioner was not engaged through proper channels and there was no sanctioned vacancy, the request of the petitioner for regularisation cannot be granted. The Writ Court, without considering these legal aspects, allowed the writ petition.

8. In view of the discussion above, we are inclined to interfere with the order of the Writ Court. Accordingly, this Writ Appeal stands allowed, and the order passed in W.P.No.2744 of 2014 dated 18.04.2022 is set aside. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rli

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To

1. The Secretary to the Government Highways Department, Fort St George, Chennai-600009.

2. The Chief Engineer Highways and Rural Works Department, Chepauk, Chennai-600005.

3. The Divisional Engineer Highways and Rural Works Department, Chengalpattu Division, Kancheepuram District.

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. rli Pre-delivery judgment in WA No. 1075 of 2024 22-09-2026