Madras High Court
WA/1810/2023 of THE GOVERNMENT OF TAMILNADU Vs K.SURESH KUMAR on 3 September 2026
WA No. 1810 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 1810 of 2023
1. The Government Of Tamilnadu
Rep by Secretary to Government, Environment and Forest Department, Secretariat, Chennai 9.
2. The Principal Chief Conservator of Forest Head of the Forest Department, Panagal Maligai, Saidapet, Chennai 15.
3. The District Forest Office
Dindugal Circle, Velunachiar Valagam,
Dindugal Circle.
..Appellant(s)
Vs
K.Suresh Kumar
..Respondent(s)
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 03.12.2021 passed in WP No.9969 of 2021.
For Appellant(s):
Mr.A.R.Suresh, Special Government Pleader For Respondent(s):
Ms.T.Dharani
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JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.) State has preferred the present Writ Appeal challenging the writ order dated 03.12.2021 passed in W.P.No.9969 of 2021.
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2. Respondent was initially engaged as a Driver in the Forest Department on 17.03.2006 on temporary basis. Since he was working continuously, he filed an application seeking regularization of his services based on G.O.Ms.No.74, Personnel and Administrative Reforms Department, dated 27.06.2013.
3. Perusal of the Government Order would show that a temporary employee can be brought under regular establishment on completion of his 10 years of service as on 01.01.2006. Admittedly, the respondent had not completed 10 years of service as on 01.01.2006 as per their claim, since his initial appointment itself was made after the cut-off date, on 17.03.2006.
4. However, the learned Special Government Pleader would now submit that the case of the respondent was considered on completion of his 10 years of temporary service and his services were regularized in the post of Driver in the Forest Department with effect from the date of completion of 10 years of service. The said order has been passed by the Government in G.O.(2D) No.10, Environment, Climate Change and Forest (FR.2:(i)) Department, dated 22.01.2024. Since the services of the respondent has already been regularized on completion of his 10 years of service, the respondent cannot claim any further benefits. Regularization of service granted itself is a concession extended, despite the fact that the initial recruitment of the
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respondent was not in accordance with the Service Rules. Therefore, the respondent is not entitled for any further benefits regarding retrospective regularization or other monetary benefits.
5. In view of the above facts and circumstances, the writ order impugned dated 03.12.2021 passed in W.P.No.9969 of 2021 is set aside. Accordingly, the writ appeal is allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 03-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD
WA No. 1810 of 2023
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 1810 of 2023 03-09-2026