S.R.BALAKRISHNAN vs STATE OF TAMIL NADU
- Court
- Madras High Court
2026:MHC:4344
WP No. 27070 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE Mr.JUSTICE C.KUMARAPPAN
WP Nos.27070 of 2024, 23311 of 2023 & 32020 of 2023
CNR:{HCMA011681712024}
AND
WMP Nos.29587 of 2024, 22847 of 2023, 22852 of 2023, 22854 of 2023,
22856 of 2023, 31623 of 2023 & 31625 of 2023
S.R.Balakrishnan
S/o.Ramaraj, 14B, Kannapiran Street,
Poolambadi, VTC. Poolambadi,
Perambalur District.
..Petitioner(s)
Vs
1. State Of Tamil Nadu Rep By
The Principal Secretary To The Government,
Rural Development And Panchayat Raj (E5)
Department, Fort St. George, Chennai- 9.
2. State Of Tamil Nadu Rep By Its
Additional Chief Secretary To Government,
Finance Department, Fort St. George,
Chennai- 9.
3. The Director Of Rural Development And
Panchayat Raj
Panagal Building, Saidapet, Chennai-15.
4. Tamil Nadu Public Service Commission
Rep By Its Secretary, Park Town, VOC Nagar,
Chennai- 600 003.
..Respondent(s)
WP No. 23311 of 2023
CNR:{HCMA011414152023}
1. K.Karthikeyan
S/o.Kalyanasundaram, BDO Office,
__________
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Valangaiman, Tiruvarur District.
2. E.Yuvaraj
S/o.Elumalai, BDO Office,
Arcot, Ranipet District.
..Petitioner(s)
Vs
1. The State Of Tamil Nadu Rep By Its Secretary,
Rural Development And Panchayat Raj (E5)
Department, Fort St. George,
Chennai- 600 009.
2. Tamil Nadu Public Service Commission
Chennai.
3. The Director
Rural Development And Panchayat Raj
Panagal Building, Saidapet, Chennai- 600 015.
..Respondent(s)
WP No. 32020 of 2023
CNR:{HCMA012010492023}
1. A. Arumugam,
2. M.Karunanithi
3. R.Anitha
4. C.Rajathi,
5. K.Ezhilmathi,
6. E.Subramanian,
7. K.Ananthakrishnan,
8. K.Sangeetha,
9. R.Girija
10.S.Elizabeth Mary
11.P.Vetrithilagam,
12.P.Saraladevi,
13.J.Savithri,
14.R.Poonkodi,
15.P.Selvakumar,
16.R.Kalaiyarasan,
17.M.Tamilselvi
__________
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18.M.Vakitha Parveen,
19.C.Suthakaran,
20.R.Vidhya,
21.G.Senthilkumar
22.H.Thilsath,
23.M.Poonkuzhali,
24.R.Parimala,
25.K.Rajkumar,
26.K.Velmurugan,
27.R.Arulkumar,
28.M.K.Arivuvel,
29.T.K.Viajayakumar,
30.M.Suresh,
31.P.Rampriya
32.A.Chitra
33.M.Muthuvishnu
34.C.Nisahanthini
35.N.P.Suguna,
36.S.Srinivasan,
37.M.Manimegalai,
38.A.R.Vijayalakshmi
39.S.Ambiga,
40.J.Gracy Presila,
41.V.Ananthakumar
42.G.Radhika
43.K.Gnanapoongothai,
44.R.Manikandan,
45.S.Balakangatharathilagar
46.N.Vijayalakshmi,
47.V.S.Senthil Kumar,
48.R.Bagyalakshmi
49.T.Geetha
50.M.G.Rajendran
51.S.Caroline Mary
52.N.Saravanan
53.K.Manimozhi,
54.R.Hemamalini,
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55.R.Gunasundari
56.S.Gobi,
57.M.Venkata Subramani.
58.K.Sumathi
59.S.Gopalakrishnan
60.S.Umamageshwari,
61.G.Srimathi,
62.V.Bharathi,
63.S.Maragathaveni,
64.M.Mythli
65.K.Loganayagi,
66.S.Tamilselvan,
67.T.S.Geetha,
68.S.Karpagavalli
69.K.Abirami,
70.T.Paneerselvam,
71.S.Sankar,
72.J.Saravanan,
73.K.Senthilkumar,
74.S.Sharfudheen,
75.K.Anitha,
76.R.Sharmila,
77.D.Kumaresan,
78.R.Athistalakshmi
79.T.Maniyarasi
80.E.Manimegalai
81.A.Sundaram,
82.R.Kavitha,
83.S.Sivakumar,
84.Y.Jabber,
85.R.Deepa,
86.N.Ramesh,
87.T.Susithira,
88.S.Senthil,
89.V.Mahesh,
90.R.Priya,
91.J.Yuvarajan,
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92.V.Sasikaladevi
93.S.Kumaresan,
94.M.Alli,
95.G.Ananthan,
96.N.Venkatesan,
97.T.Murugavel,
98.R.Selvaraj,
99.R.G.Sathya,
100. S.Velmurugan,
101. K.R.Janarathinan,
102. P.Raja
103. R.Rajathurai
104. N.Rajadeepam,
105. G.Anitha,
106. R.Preetha,
107. U.Tamilvannan,
108. B.Anvar Basha,
109. K.M.Ramesh,
110. M.Samsath Began
111. G.Shanthi,
112. J.Senthilkumar,
113. S.Rajasekar,
114. B.Chinnasamy,
115. R.Paneerselvam,
116. R.Sumathi,
117. R.Dhanalakshmi,
118. R.Porchelvi,
119. A.Jayapal,
120. G.Jayabharathi
121. D.Sathya,
122. K.Annapoorani,
123. K.M.Mohammed Shaeem,
124. K.Kalaiselvi,
125. P.Chinnasamy,
126. M.Vinothini,
127. N.Indrani,
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128. G.Vanitha Devi,
129. S.Palanisamy,
130. N.Thiruthani
131. R.Sudha,
132. K.Hemalatha
133. Rajanayagam
134. Senthilkumar,
135. Sharmila Pon Prabha,
136. R.Brindha
137. R.Sivakumar
138. K.Prabhu,
139. T.Manikandan,
140. M.Sasikala Devi
141. S.Shanthi
142. N.Santhosam
143. V.Padmavadhi,
144. R.Gopalakrishnan
145. N.Hemavathi,
146. P.Sukhasini,
147. E.Elayaperumal,
148. K.Mohanraj,
149. M.Jeganathan,
150. A.Zeenath,
151. A.Anvar Basha,
152. S.Mahalakshmi,
153. K.Sangeetha,
154. S.Raju
155. R.Karthik,
156. K.Natraj,
157. P.Mani
158. M.Vahitha Banu
159. R.Ramesh Kumar
160. G. Manikandan,
161. L.Kanagarasu
162. R.Saravanan
163. K.Gayathri,
164. G.Bose,
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165. K.Jaiganesh
166. D.Manimehalai,
167. M.Senthil,
168. K.Anuradha,
169. K.Maharani,
170. R. Kavitha
171. S.Keerthivasan,
172. V.Senthilkumar,
173. M.Chandrasekar,
174. R.Gopalakrishnan
175. S.Sangeetha,
176. R.Sahila,
177. C.Thamizharasi,
178. S.Anantharaj,
179. S.Ruby Kanagalakshmi,
180. G.Lavanya
181. D.Gowri
182. G.Kannan,
183. N.Bakkialakshmi,
184. G.Velezhini,
185. V.Vijayakumar
186. K.Muruganantham,
187. S.Kamatchi
188. M.Govindarasu
189. K.Thenmozhi,
190. R.Natarajan,
191. K.Sivabalan
192. S.Udhaya Chandran,
193. N.Deepa,
194. M.Palani
195. A.Murugan
196. K.Lakshmi
197. A.Syed Jeelan,
198. M.Senthil Kumar,
199. V.Ramesh,
200. J.Krishnan
201. S.Divya Yoga,
202. A.S.Manivannan
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203. U.Kumara Garurav,
204. T.Selvi,
205. M.Sri Lalithambigai,
206. K.Babu,
207. S.Srinivasan,
208. S.Kalaiselvi,
209. P.Vadivukarasi,
210. P.Durga Devi
211. V.Jeya Gandhi,
212. R.Angu Lakshmi
213. R.Rani
214. R.Prabhu,
215. A.Karthikeyan,
216. T.Poorani,
217. R.Jayaraman
218. L.Kasthuri,
219. M.Sudha
220. B.Prabavathi,
221. R.Uma Priya,
222. K.Indumathi,
223. R.Saritha,
224. K.R.Vidhya Tharani,
225. P.Senthil Kumar,
226. M.Thirunaryanan,
227. S.Sudha
228. V.Thangam,
229. M.Tamilarasan
230. S.Sasikala,
231. P.Vimala,
232. R.Babu,
233. R.Ramakrishnan,
234. G.Kalpana
235. K.Jothi,
236. G.Jayapal,
237. P.Palaniappan,
238. M.Chandrakumari,
239. S.Sasikumar,
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240. M.Mythili,
241. S.Pushpamani,
242. R.Murugesan
243. R.Manjula,
244. A.Pushpalatha,
245. A.Panimalar,
246. J.Mahalakshmi,
247. K.Mukthar Ahmed,
248. K.Shanthi,
249. M.Sasikala
250. M.Punitha,
251. G.Rajkumar,
252. G.Sanjeevamoorthy,
253. S.Ramya,
254. P.Nagalakshmi,
255. V.Mirunalini
256. K.Sellappan,
257. K.Radha
258. D.Vijaya,
259. S.Umamaheeswari,
260. P.Amalorpava Jessy,
261. A.Sumathi,
262. S.Geetha,
263. S.Tharani,
264. K.Sangeetha,
265. R.Anitha,
266. P.Sangeetha,
267. V.Savitha Mary,
268. P.Lalitha,
269. U.Gowri Sankar,
270. P.Maheeswari
271. Sakthipriya,
272. K. Karthik
273. S. Muruganandham,
274. V.Sai Shyamala
275. S.Suresh
276. T. Saranya
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277. S.Seethapathy
278. J. Buvana
279. A.S. Ananathi
280. A. Ranjani
281. S. Ashokan
282. M. Sivakumar
283. A.Neela
284. V.Ananda Krishnan
285. R. Muthukumar
286. B. Ramesh
287. D.Gunasekaran
288. K.Sakthivel
289. A.Vijayadevi
290. K. Sekar
291. S. Somasundaram
292. K.Thinakaran
293. T.Manikandan
294. R.Gayathri
295. S.Sangeetha
296. S.Ramu
297. K. Balamurugan
298. E.Ezhilmathi
299. J.Sulochana,
300. M.Usha
301. U.Punitha
302. D.Vimala,
303. S. Kaliraj,
304. G.Santhanayaki,
305. S. Saravanan
306. S.Mariappan,
307. T.N.Ramesh Babu
308. K.Reena,
309. R.Kavitha,
310. P.Uthayamalar,
311. C.Meenakshi,
312. P.Subramanian
313. C.Tamilmani,
314. K.C.Nagarajan
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315. P.Saravana Selvi,
316. R.Poongothai,
317. K.Radharani,
318. P.Karunadevi,
319. R.Jeevanantham,
320. J.Viji,
321. A.Indradevi,
322. V.Alagappan,
323. S.Radhidevi
324. K.Karthikeyan,
325. K.Ravikumar,
326. S.Prabhu,
327. C.Palanivel,
328. T.Ramamoorthy,
329. V.Jayakumar,
330. R.Rajesh,
331. M.Alagu Soundaram,
332. T.Chandrasekar,
333. N.Veeraraghavan,
334. P.Gunasekaran,
335. V.Jayalakshmi,
336. S.Selvi Rose Mary,
337. K.Kulanthai Therese,
338. M.Kantha Roopa,
339. S.Sivakami,
340. R.Rani,
341. M.Kokila,
342. T.Jothimani,
343. A.Arockiyadoss,
344. S.Duraiarasu,
345. P.Eswaramoorthy,
346. M.Kalaiselvi,
347. S.Umamaheeswari,
348. N.Jasmine,
349. S.Kaliappan,
350. S.Rajalakshmi,
351. R.Saraswathi,
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352. N.Hema Parvathi,
353. B.Uttra Meena,
354. B.Bakiyalakshmi,
355. T.Flora Rathinamani,
356. M.Krishnammal
357. E.Prema,
358. G.Poongodi,
359. S.Priyanka,
360. S.Devakannika,
361. M.Deenadhayalan,
362. R.Manimala,
363. N.Suajtha,
364. G.Nirmala,
365. K.Mehala Devi,
366. G.Menaka,
367. R.Radha,
368. M.Kavitha,
369. S.Senthil Vanitha
370. S.Sumathi
371. R.Brintha Malathy Devi,
372. R.Chitra Devi,
373. S.Sathya Priya,
374. M.Shanthi
375. R.Veeralakshmi
376. M. Rajapandiyan,
377. K. Velusamy,
378. S.Jayapriya,
379. A.Nagoor Hanifa,
380. T.Mathivannan
381. M.Mary Radhika,
382. R.Senthilkumar,
383. D.Suja,
384. M.Rajakumar,
385. M.Palani Sahaya Roja,
386. R.Suba,
387. S.Pratti Muthulakshmi,
388. S.Kalai Wilsy,
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389. E.Rani,
390. E.Jeyanthi,
391. N.Rajalakshmi,
392. S.John Geetha,
393. S.Girija Kumari,
394. C.Maheeswaran,
395. S.Vanaja,
396. N.T.Amutha
397. A.Rajarajeshwari,
398. K.Solaithai,
399. K.Pattukrishnan,
400. D.Charmili Jesubel,
401. S.Sakthikani,
402. R.Anusuya,
403. S.Muthulakshmi
404. K.Parthasarathi,
405. D.Nirmala Devi,
406. N.Naga Mareeswari,
407. R.Gopala Krishnan,
408. V.Anitha,
409. M.Raviyal,
410. K.Muthuramasamy,
411. K.S.Mohideen Abdul Kathar,
412. N.Dhinakaran Rathinasamy,
413. K.Namasivayam,
414. S.Caroline Santhakumari
415. M.Sahayarani,
416. K.Christy Jasmine,
417. M.Maragatham,
418. R.Sridevi,
419. C.Thangarani,
420. C.Mariammal,
421. M.Manikandan,
422. M.Shanthi,
423. P.Murugachandran,
424. S.Gandhimathi,
425. Jayakumari,
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426. V.Thangaduraichi
427. P. Arunagni
428. A. Amuthavelu,
429. K. Sengeetha,
430. M. Kavitha
431. A. Gopinath
432. M. Thangarathinam
433. R. Srinallathambi
434. S. Vasantha Kumar
435. P. Mangaiarkarasi,
436. P.Pugalenthi
437. K. Sugapirya,
438. S. Saravanan,
439. C.Anusuya,
440. K. Karuppaiah,
441. P. Uma Maheswari,
442. K.Sakthi Vel
443. M. Saravana Kumar,
444. B.Saravanan
445. P. Kavitha
446. G. Murugesan
447. S.Neela,
448. Thomas Anandaraj,
449. K. Sundar,
450. K. Kavitha
451. A. Santhose Kumar
452. K. Durai Raj
453. A. Sekar
454. U.Viji
455. A.Amutha
456. M. Kasthuribai,
457. D. Rathi Priya
458. S. Karthikeyan
459. D. Prabavathi
460. R. Malathi
461. I. Musthafa,
462. J. Gowsalya
463. L. Allirani
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464. S. Sasintha
465. M. Seetha Lakshmi
466. K.Chinnadurai,
467. N.Devarajan,
468. M.Sakthivel,
469. K.Sathyabama,
470. M.Vimala,
471. M.Thangadurai,
472. S.Ananthakumar,
473. K.Prasannakumar,
474. S.Kamala,
475. M.Kameeswari,
476. S.Arulrajan,
477. V.Veeramani,
478. G.Venkatesan,
479. K.Kasthuri,
480. D.Karunakaran,
481. G.Tamilvannan,
482. V.Deepa,
483. J.Balamurugan,
484. S.Arul,
485. P.Saravanan,
486. C.Thiruppathy,
487. A.Jagubar Sathik,
488. R.Nithya,
489. A.Amutha,
490. R.Premalatha,
491. S.Ashok Kumar,
492. M.Vidhyavathi,
493. M.Sumathi,
494. M. Kalidass,
495. H.Rajarajeswari,
496. B.Geetha,
497. G.Palanivelu,
498. S.Kannan,
499. K.Kaleeswari,
500. C.Sundarapandian,
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501. Selvarani,
502. Selvaraj,
503. K. Jamal,
504. C. Manikandan,
505. C.Porkodi
506. P.Uma
507. P.Kavitha
508. M.Jaya
509. B.Sujatha
510. A.Jaffar Sadiq
511. V.Senthil Kumar,
512. B.Babu,
513. S.Johnkhan,
514. R.Veerappan,
515. S.Anandha Jothi,
516. D.Jayanthi,
517. K.Ponvel
518. H.Stalin Babu,
..Petitioner(s)
Vs
1. State Of Tamil Nadu, Represented By
The Principal Secretary To The Government,
Rural Development And Panchayat Raj (E5)
Department,
Fort.St.George, Chennai 9.
2. State Of Tamil Nadu
Represented By Its Additional Chief Secretary
To Government, Finance Department,
Fort.St.George, Chennai 9.
3. The Director Of Rural Development And
Panchayat Raj
Panagal Building, Saidapet,
Chennai 15.
4. Tamil Nadu Public Service Commission,
Rep By Its Secretary,
Park Town, VOC Nagar,
Chennai 600 003.
..Respondent(s)
__________
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Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a writ of Certiorarified Mandamus, to call for the records pertaining to
the Impugned Government order in G.O. (Ms) No.92 Rural Development and
Panchayat Raj (E5) Department dated 13.07.2023 and the consequential
Government Letter in Letter (Ms) No.94 Rural Development and Panchayat Raj
(E5) Department dated 13.07.2023 on the file of the Respondent No.1 and quash
the same as illegal and consequently for a direction, directing the Respondents
to absorb the Petitioner in the Post of Junior Assistant by conducting special
st
qualifying test in accordance with the decision of the 1 respondent in G.O. Ms
No.37 Rural Development and panchayat Raj (E5) Department dated
22.03.2017 within the time period stipulated by this Honble court.
WP No. 23311 of 2023
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a writ of Certiorarified Mandamus, Calling for the entire records in
order passed by the first respondent in G.O.(Ms) No. 92, Rural Development
and Panchayat Raj (E5) Department, dated 13.7.2023 and quash the same and
directing the respondents to regularize the services of the petitioners in terms of
G.O. (MS) No.37, Rural Development and Panchayat Raj (E5) department,
dated 22.3.2017 within the time limit that may be fixed by this Honourable
court.
WP No. 32020 of 2023
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a writ of Certiorarified Mandamus, to call for the records pertaining to
the Impugned Government Order in G.O.(Ms).No.92 Rural Development and
Panchayat Raj (E5) Department dated 13.07.2023 and the Consequential
__________
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Government Letter in Letter (Ms) No.94 Rural Development and Panchayat Raj
(E5) Department dated 13.07.2023 on the file of the Respondent No.1 and quash
the same as illegal and consequently for a direction, directing the Respondents
to absorb the Petitioners in the Post of Junior Assistants by conducting special
st
qualifying test in accordance with the decision of the 1 Respondent in
G.O.Ms.No.37 Rural Development and Panchayat Raj (E5) Department dated
22.03.2017 within the time period stipulated by this Hon’ble Court and pass
such further or other order as this Hon’ble Court may deem fit and proper in the
circumstances of the case.
For Petitioner(s):
in WP.27070/2024
Mr.T.Lajapathi Roy
Senior Counsel
for Mr.K.Thilageswaran
For Respondent(s):
in WP.27070/2024
Mrs.Kavitha Nithiyanandan Rameshwar
Additional Advocate General
Assisted by Mr.S.Ilamvaludhi
Special Government Pleader For RR1 To 3
Mr.B.Vijay
Standing Counsel For R4
For Petitioner(s) :
in WP.23311/2023
For Respondent(s):
in WP.23311/2023
Mr.V.Chandrasekaran
Mrs.Kavitha Nithiyanandan Rameshwar
Additional Advocate General
Assisted by Mr.S.Ilamvaludhi
Special Government Pleader For RR1 & 3
Mr.B.Vijay
Standing Counsel For R2
For Petitioner(s):
in WP.32020/2023
Mr.T.Lajapathi Roy
Senior Counsel
for M/s.T.Lajapathi Roy & Associates
For Respondent(s) :
in WP.32020/2023
Mrs.Kavitha Nithiyanandan Rameshwar
Additional Advocate General
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Assisted by Mr.S.Ilamvaludhi
Special Government Pleader For RR1 to 3
Mr.B.Vijay
Standing Counsel For R4
*
COMMON ORDER
All the three Writ Petitions are arising against the G.O.Ms.No.92, Rural
Development and Panchayat Raj (E5) Department dated 13.07.2023. Hence, all
of them are taken together for common adjudication.
2.The brief facts which are necessary for the disposal of the present writ
petitions are that, these petitioners were appointed as Computer Assistants
between 2006 to 2013 under the “Mahatma Gandhi National Rural Employment
Guarantee Scheme” [hereinafter called as “MGNREGS”]. These petitioners
were appointed on a consolidated pay after following due selection process and
on the basis of communal rotation. They contend that they are the successful
candidates sponsored by the Employment Exchange under the ratio of 1:5 for
each vacancies, and that they have also undergone a written examination. It is
their further submission that all the petitioners are having degree in Computer
application or Computer Science. They state that the post of Computer Assistant
is a sanctioned post as per MGNREGS. Further, they have been in service for
more than 18 years. Based on their long service, and the perpetual requirement
of the petitioners service to the scheme, the Government vide G.O.Ms.No.37
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dated 22.03.2017 took a policy decision to absorb the petitioners. However, vide
the impugned G.O.Ms.No.92 dated 13.07.2023, the order of absorption was
withdrawn by referring to the judgments of the Hon’ble Supreme Court in State
of Karnataka and Others Vs. Umadevi reported in (2006) 4 SCC 1, and State
of Rajasthan Vs. Daya Lal reported in (2011) 2 SCC 429 . Aggrieved with the
same, the present writ petitions have been filed.
3.Heard Mr.T.Lajapthi Roy, learned Senior Counsel appearing for the
petitioners in WP.Nos.27070 of 2024 and 32020 of 2023,
Mr.V.Chandrasekaran, learned counsel for the petitioner in WP.No.23311 of
2023, Mrs.Kavitha Nithiyanandan Rameshwar, learned Additional Advocate
General assisted by Mr.S.Ilamvaludhi, learned Special Government Pleader for
the State and Mr.B.Vijay, learned Standing Counsel for TNPSC.
4(a).The learned Senior Counsel appearing for the petitioners in
WP.Nos.27070 of 2024 & 32020 of 2023 would contend that the Division
Bench of this Court in a batch of WA(MD).Nos.1358 of 2019 dated 21.11.2019
has directed the respondent to take a conscious decision after taking note of the
recommendation given by the Director of Rural Development and Panchayat
Raj dated 28.02.2019. The learned Senior Counsel has also invited the attention
of this Court about the recommendations of the Director of Rural Development
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rd
and Panchayat Raj [3 respondent herein], wherein he has elaborately
considered various aspects and has also referred about the sanctioning of the
post and ultimately recommended to consider the Computer Assistant post to be
regularized in a time scale equivalent to the post of Junior Assistant scale. In
spite of such recommendations, the first respondent erroneously withdrawn
G.O.Ms.No.37, Rural Development and Panchayat Raj (E5) Department dated
22.03.2017. Such withdrawal is in contravention to the policy adopted by the
respondent in G.O.(Ms).No.96 dated 06.06.2008, where the overseers those who
were recruited under the very same Scheme was later absorbed by relaxing age
criteria. Therefore, having absorbed one set of employees, and discriminating
others would impinge upon Article 14 of the Constitution of India.
(b).It is also the submission of the learned Senior Counsel that the alleged
reason mentioned in the impugned order that TNPSC has objected to conduct
the Special Qualifying Text is fallacious, as the TNPSC is only the recruiting
agency, and that they should abide by the request of the Government. The
learned Senior Counsel would further submit that according to the observation
made in WA(MD).Nos.1358, 1363, 1364, 1366, 1367, 1369 and 1371 to 1379
of 2019 dated 21.11.2019, TNPSC had previously agreed to conduct a Special
Qualifying Test. Therefore, such contrary stand cannot be a ground to deny
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regularization. The learned Senior Counsel would also rely upon the recent
judgment of the Hon’ble Supreme Court in Sukhendu Bhattacharjee and
others Vs. State of Assam and others reported in 2026 SCC OnLine SC 909 .
Hence, prayed to allow these writ petitions.
5.The above contention was reiterated by Mr.V.Chandrasekaran, learned
counsel for the petitioners in WP.No.23311 of 2023. He would contend that the
very reliance of Umadevi ’s case [cited supra] in the impugned order is incorrect,
as the facts referred to in Umadevi’ s case [cited supra] and the instant case are
distinguishable. It is also his submission that since the petitioners are the
qualified persons and having been in the service of the respondent for last 20
years, that too in a sanctioned post, at this length of time, if the respondent do
not regularize them, it would affect their legitimate expectation. Hence, prayed
to allow the present writ petition.
6(a). Per contra, the above contention was stoutly objected by the learned
Additional Advocate General, but in all fairness, she would contend that the
petitioners cannot be construed as a back door entrants, and that they have been
appointed only after following due procedures and on following the communal
rotation. However, she would contend that mere sponsoring of the petitioners by
the Employment Exchange by itself cannot be construed as a valid recruitment
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of a public employment, as large portion of the open market candidates were not
put on notice and thereby, the petitioners cannot claim the absorption as a
matter of right and that such prayer is in contravention to the ratio of Umadevi ’s
case [cited supra]. She would also contend that when the petitioners are
recruited under various G.Os, it was specifically informed to them that they are
recruited only on contractual basis and that they would be eligible for
consolidated payment and that their employment would be until the scheme is in
existence or the necessity of the posts ceases.
(b).Though the MGNREGS is renamed as “The Viksit Bharat-Guarantee
for Rozgar and Ajeevika Mission (Gramin)” [hereinafter “VB-G RAM G”] by
the Act of Parliament in Act 36 of 2025, the Central Government and the State
Government should share the expenditure of the scheme under 60:40 basis.
(c). It is also her submission that the administrative expenses would also
be borne by 60:40. Therefore, the absorption of the petitioners in the State
Government service is irrational. She would further submit that by virtue of
Writ Appeal order in WA(MD).No.1358 of 2019 etc., batch, the decision of the
Government to withdraw the absorption G.O was approved. Therefore, she
would contend that the petitioner’s contention basing reliance upon
G.O.Ms.No.37 is incorrect. She would also contend that in the absence of a
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sanctioned post, the State cannot be compelled to absorb the persons. In support
of her contention, she would rely upon the judgment of the Hon’ble Supreme
Court in Nihal Singh and others Vs. State of Punjab and others reported in
(2013) 14 SCC 65. Hence, prayed to dismiss the writ petitions.
7.The learned Standing Counsel for TNPSC has also reiterated the above
submissions.
8.I have given my anxious consideration to either side submissions.
9.It is an admitted fact that these petitioners were originally decided to be
absorbed by the Government in G.O.Ms.No.37 dated 22.03.2017, in which at
paragraph 5 it has been referred as follows:-
“5.The Director of Rural Development and Panchayat Raj has further
stated that only 906 Computer Assistants who have completed 5 years
as on 30.09.2015 are working in District Rural Develpment Agencies
and in Blocks under MGNREGS. All these 906 Computer Assistants
are recruited through Employment exchage following due procedures
and communal rotation. The details of District wise Computer
Assistants completed 5 years of service are given below:
5 years completion – Details of District wise Computer Assistants
Sl.No. District Total No. of
5 years
completion as
5 years
completion as
on 10.08.2015
Persons
completing 5
persons
selected
through
Employment
on 31.7.2015
years From
11.8.2015 to
30.09.2015
exchange
1. Kancheepuram 20 18 2
2. Tiruvallur 38 34 2 2
3. Cuddalore 27 25 2
4. Villupuram 81 76 5
5. Vellore 35 35
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6. Tiruvannamalai 50 45 1 3
7. Salem 48 45 1 2
8. Namakkal 33 33
9. Dharmapuri 17 17
10. Krishnagiri 6 6
11. Erode 28 28
12. Coimbatore 18 16 1 1
13. Tiruppur 30 29 1
14. The Nilgiris 10 9 1
15. Thanjavur 43 37 2 4
16. Nagapattinam 22 22
17. Tiruvarur 40 39 1
18. Tiruchirappalli 36 33 3
19. Karur 16 15 1
20. Ariyalur 23 20 3
21. Perambalur 13 13
22. Pudukottai 42 37 3 1
23. Madurai 20 19 1
24. Theni 14 13 1
25. Dindigul 13 13
26. Ramanathapuram 33 32 1
27. Virudhunagar 36 32 2 2
28. Sivagangai 42 42
29. Tirunelveli 36 35 1
30. Thoothukudi 19 9 9 1
31. Kanniyakumari 19 18 1
Total 908 845 33 28
906
10.On perusal of the above, it is amply clear that these petitioners were
recruited through Employment Exchange following due procedures and
communal rotation, which factum has not at all been seriously disputed by the
learned Additional Advocate General. In fact, in all fairness she would contend
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that the petitioners cannot be termed as a backdoor entrants. However, by virtue
of the impugned order, they withdraw the G.O.Ms.No.37 dated 22.03.2017 for
which they relied upon the two judgments of the Hon’ble Supreme Court in
Umadevi’s case [cited supra] and Daya Lal ’s case [cited supra]. On close
reading of the above two judgments, what would emerge is, even if any person
has been continuously working for considerable period in a post not sanctioned
by the Government either on a contractual employment or as casual worker,
they cannot seek regularization as a matter of right and such regularization were
found to be illegal. But, in the case in hand, even according to the stand of the
Government, these petitioners were recruited in a sanctioned post, through
Employment Exchange that too after following due procedures and on the basis
of communal rotation.
11.At this juncture, it is relevant to refer the argument advanced by the
learned Additional Advocate General by referring to the judgment of the
Hon’ble Supreme Court in Nihal Singhs’s case [cited supra], wherein the
Hon’ble Supreme Court has held that, when the post is not sanctioned, the State
cannot be compelled to absorb the persons and that the Court, while exercising
the power of judicial review, cannot direct the authorities to sanction or create a
post. But, in the instant case, these petitioners were appointed in a sanctioned
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post. In this regard, it is relevant to refer the very same G.O.Ms.No.37 dated
22.03.2017, wherein in first paragraph, it has been observed as follows:-
“In the letter thirteenth read above, the Director of Rural
Development and Panchayat Raj has stated that 1791 posts of
Computer Assistants were sanctioned in the consolidated pay as
detailed below:
Sl.No. Name of the Post No.of Posts
G.O.No and date in which the posts were
created
sanctioned
1. Computer Assistants 180 G.O.(Ms).No.153, Rural Development and
Panchayat Raj (CGS1) Department dated
20.10.2006
102 G.O.(Ms).No.115, Rural Develpment and
Panchayat Raj (CGS1) Department, dated
02.07.2007
1 G.O.(Ms).No.174, Rural Develpment and
Panchayat Raj (CGS1) Department, dated
15.10.2007
518 G.O.(Ms).No.27, Rural Develpment and
Panchayat Raj (CGS1) Department, dated
20.02.2008
572 G.O.(Ms).No.84, Rural Develpment and
Panchayat Raj (CGS1) Department, dated
04.08.2009
416 G.O.(Ms).No.69, Rural Develpment and
Panchayat Raj (CGS1) Department, dated
15.06.2010
2 G.O.(Ms).No.161, Rural Develpment and
Panchayat Raj (CGS1) Department, dated
24.10.2013
Total 1791
Further necessary instructions were issued in G.O.(Ms).No.115, Rural
Development and Panchayat Raj (CGS-1) Department, dated
02.07.2007 for selection of Computer Assistants.”
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12.From the perusal of the above G.O., it is amply clear that these
petitioners were appointed in a sanctioned post. At this juncture, it is relevant to
extract the relevant portion from one of the G.O referred in G.O.Ms.No.37 dated
22.03.2017 for ready reference. In G.O.Ms.No.153, Rural Development and
Panchayat Raj (CGS I) Department dated 20.10.2006 in para 4, it has been
observed as follows:-
“4.After careful examination of the recommendations of the
Director of Rural Development and Panchayat Raj, the Government
sanction the following posts in the six districts viz., Cuddalore,
Villupuram, Tiruvannamalai, Nagapattinam, Dindigul and Sivaganga,
where the – Tamil Nadu Rural Employment Guarantee Scheme is under
implementation till the scheme is in existence or the necessity of the post
ceases whichever is earlier.
(i) 180 posts of Computer Assistants and 180 posts of Technical
Assistants (two posts of Computer Assistant and two posts of
Technical Assistant for each of the 90 blocks in six districts).
(ii) 383 posts of Technical Assistants at the rate of one for every ten
Village Panchayats in six districts.
(iii)For Computer Assistants (two per block), the Collectors shall
recruit the eligible persons by calling for a list from the
Employment Exchange or through outsourcing them on contract
basis by prescribing a qualification of “Degree in Computer
Applications or Computer Science”. They shall be paid
Rs.4000/- per month on consolidated pay.
(iv) The selection of two Technical Assistants per block and one for
every ten Village Panchayats shall be made by calling for the list
from the Employment Exchange and conducting a simple test for them
or by outsourcing them locally on contract basis and place them on
consolidated pay of Rs.4,000/- per month. The qualification for the
post of Technical Assistant shall be “ Diploma/Degree in Civil
Engineering”. ”
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13.On close reading of the above G.O., it is amply clear that the post was
sanctioned by the Government. However, the said post was in a contractual
basis and coterminous with the scheme. Therefore, the primary contention of the
learned Additional Advocate General that the posts are not sanctioned is liable
to be rejected. On close reading of the above conditions, it is mentioned that
these posts will continue till the scheme exists. However, now it is an admitted
fact that the above Scheme become permanent by an act of a Parliament in Act
No.36/2025 under VB-G RAM G scheme. Therefore, though a post was initially
sanctioned with condition, by virtue of the Act No.36/2025 the said post was
impliedly made as permanent due to their perpetual necessity. Therefore, the
requirement of the petitioners to perform their duty as a Computer Assistant
become continuous requirement, as the Scheme though initially for a certain
period, now made it as a permanent.
14. Now that, while perusing the impugned order, there is a reference that
the TNPSC has raised objection to conduct a Special Recruitment Test. But, on
perusal of the order in WA(MD).No.1358 of 2019 etc., batch, there is a
reference that the TNPSC has previously concurred to conduct such Special
Qualifying Examination. But, that was during 2017, and the present impugned
order is during 2023. Therefore, the very conduct of the State taking one view
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during 2017 and another view during 2023 without there being any change in
law except the change in ruling regime would only demonstrate the mala fide ,
and arbitrary exercise of power by the State.
15.At this juncture, it would be relevant to refer the arguments advanced
by the learned Senior Counsel for the petitioners. He would contend that
similarly placed persons those who were recruited for the post of Overseer for
the MGNREGS was subsequently absorbed in G.O.Ms.No.96 dated 06.06.2008,
which factum is not seriously disputed by the respondent. Therefore, having
absorbed one set of employees and denying such relief to other would definitely
be a discrimination and could only be considered as an arbitrary exercise of
power. At this juncture, it is relevant to refer that the equality is not merely a
principle of equal treatment, but it is a guarantee against arbitrary State action.
16. At this juncture, it is also relevant to refer the judgment relied upon by
the learned Senior Counsel in Sukhendu Bhattacharjee’ s case [cited supra]
wherein in paragraph 76, the Hon’ble Supreme Court has held as follows:-
“76 . What emerges from the principles enunciated in the aforesaid
decisions is that the State cannot rely upon the mere form of engagement to
deny fair and equitable treatment 24 to employees who have served it for
long years. The consistent thread running through these judgments is that
Umadevi (supra) cannot be invoked as a blanket barrier to justify
prolonged and continued engagements of a temporary or ad hoc nature,
especially where the employees have been discharging essential and
recurring functions of the State. The Court has repeatedly emphasised that
the distinction between “illegal” and “irregular” appointments must be
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kept in view, that long and continuous service is a relevant consideration,
and that the State, as a model employer, is under a constitutional obligation
to act with fairness, consistency and reasonableness. The practice of
retaining employees for decades under deceptively titled designations,
while simultaneously extracting regular work integral to the administration,
has been disapproved consistently.”
17.Apart from the above judgment, for tracing the march of law, it is also
relevant to refer the judgment of the Hon’ble Supreme Court in Jaggo Vs.
Union of India reported in 2024 SCC OnLine SC 3826 , wherein the Hon’ble
Supreme Court has clearly held that the Government should be a model
employer and cannot engage an employee on contractual basis perpetually.
Here, these petitioners were recruited by following due procedure and as per
communal rotation. Further, the respondent initially decided to absorb them, as
they have been continuously discharging essential and recurring functions of the
State. In such view of the above position, the subsequent withdrawal vide
G.O.Ms.No.92, Rural Development and Panchayat Raj (E5) Department dated
13.07.2023 and consequential Government Letter (Ms) No.94 dated 13.07.2023
are liable to be quashed as the same is illegal and arbitrary.
18.In view of the above detailed discussions, these writ petitions are
allowed. As a concomitant, the respondents are directed to absorb the
Petitioners in the Post of Junior Assistant by conducting Special Qualifying Test
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st
in accordance with the decision of the 1 respondent in G.O. Ms No.37 Rural
Development and panchayat Raj (E5) Department dated 22.03.2017, within a
period of twelve(12) weeks from the date of receipt of a copy of this order. No
costs. Consequently, connected WMPs are also closed.
28-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KMI
To
1. The Principal Secretary To Government,
State Of Tamil Nadu
Rural Development And Panchayat Raj (E5) Department,
Fort St. George, Chennai- 9.
2. The Additional Chief Secretary To Government,
State Of Tamil Nadu, Finance Department, Fort St. George, Chennai- 9.
3. The Director Of Rural Development And Panchayat Raj
Panagal Building, Saidapet, Chennai-15.
4. Tamil Nadu Public Service Commission
Rep By Its Secretary, Park Town, Voc Nagar, Chennai- 003.
WP No. 23311 of 2023
1.The State Of Tamil Nadu
Rep By Its Secretary, Rural Development And
Panchayat Raj (e5) Department, Fort St. George,
Chennai- 600 009.
2.Tamil Nadu Public Service Commission
Chennai.
3.The Director
Rural Development And Panchayat Raj Panagal
Building, Saidapet, Chennai- 600 015.
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WP No. 27070 of 2024
WP No. 32020 of 2023
1.State Of Tamil Nadu, Represented By
The Principal Secretary To The Government,
Rural Development And Panchayat Raj (E5)
Department, Fort.St.George, Chennai 9.
2. State Of Tamil Nadu Represented By Its
Additional Chief Secretary To Government,
Finance Department, Fort.St.George,
Chennai 9.
3. The Director Of Rural Development And
Panchayat Raj
Panagal Building,
Saidapet, Chennai 15.
4.Tamil Nadu Public Service Commission,
Rep By Its Secretary,
Park Town, Voc Nagar,
Chennai 600 003
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C.KUMARAPPAN J.
KMI
WP Nos.27070 of 2024, 23311 of 2023
& 32020 of 2023
AND
WMP Nos.29587 of 2024, 22847, 22852,
22854, 22856, 31623 & 31625 of 2023
28-10-2026
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