Madras High Court
Employment and Labour LawAdministrative and Public Law

Pending service-rule issues preclude directions for regularisation or absorption into the Junior Assistant cadre.

S.VEMBU vs THE SECRETARY TO GOVERNMENT

Madras High CourtJUDGMENT: August 20, 20262 MIN READSOURCE JUDGMENT
Pending service-rule issues preclude directions for regularisation or absorption into the Junior Assistant cadre.. S.VEMBU vs THE SECRETARY TO GOVERNMENT. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The six petitioners were working as Examiners/Typists in various subordinate courts in Cuddalore District.

Source reference: p.2

They sought regularisation of their services as Examiners from the dates of their initial appointments and consequential absorption as Junior Assistants under G.O.Ms. No. 535, Home (Courts-V) Department, dated 24 September 2024, along with appropriate seniority and consequential monetary and service benefits.

Source reference: p.2

The petitioners contended that similarly placed employees had been considered for absorption as Junior Assistants.

Source reference: p.2

The respondents submitted that the issue was pending consideration before the High Court and involved wider repercussions for numerous employees serving in the same cadre throughout Tamil Nadu.

Source reference: p.2–3
02

Issues

1. Whether the petitioners were entitled to a direction for regularisation as Examiners from the dates of their initial appointments and consequential absorption as Junior Assistants under G.O.Ms. No. 535 dated 24 September 2024.

Source reference: p.2

2. Whether the High Court should grant the consequential direction sought when the underlying service-related issue was pending consideration and had wider implications for similarly placed employees across the State.

Source reference: p.3
03

Law Applied

The Court exercised its jurisdiction under Article 226 of the Constitution of India in the context of claims concerning regularisation, absorption, seniority, and consequential service benefits.

Source reference: p.2–3

It applied the principle that a writ court should not grant an isolated service direction where the governing issue is pending adjudication and has wider repercussions affecting a larger class of employees.

Source reference: p.2–3

The Court also considered the relevant service framework and G.O.Ms. No. 535, Home (Courts-V) Department, dated 24 September 2024, but did not finally interpret or adjudicate the petitioners’ entitlement under that Government Order.

Source reference: p.2–3
04

Reasoning

The Court noted the petitioners’ grievance that similarly placed employees had been considered for absorption as Junior Assistants.

Source reference: p.2

However, the respondents pointed out that the broader issue remained pending before the High Court and concerned a large number of employees in the same cadre across Tamil Nadu.

Source reference: p.3

In view of the pending proceedings, the applicable rules, and the potential State-wide consequences, the Court held that it was not appropriate at that stage to issue the specific direction sought by the petitioners.

Source reference: p.3

Rather than deciding the merits of regularisation or absorption, the Court requested that the pending issues be decided expeditiously and in accordance with law.

Source reference: p.3
05

Holding

The Court declined to direct regularisation, absorption, seniority fixation, or payment of consequential benefits in favour of the petitioners at that stage.

The writ petition was accordingly disposed of with a request to the High Court to adjudicate the pending issues expeditiously on merits and in accordance with law.

Source reference: p.3

W.M.P. No. 20185 of 2025 was ordered subject to payment of a separate court fee.

Source reference: p.3
Madras High Court

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S.VEMBUvsTHE SECRETARY TO GOVERNMENT

Madras High Court · August 20, 2026

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