WP No. 26477 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-03-2025 CORAM THE HONOURABLE MS JUSTICE R.N.MANJULA WP No. 26477 of 2019 AND WP NO. 26486 OF 2019,WP NO. 26480 OF 2019,WP NO. 26482 OF 2019 1. L.Govindaraj S/o. Lakshmanan, Appchiyar Koil Veedhi, Periya Vadamalai Palayam, Jembai Post, Bhavani Tk, Erode Dt. Petitioner(s) Vs 1. The Tamil nadu Civil Supplies Corporation Ltd., Rep. by its Chairman Cum Managing Director, 42, Thambusamy Rd, Chennai -10. 2.The State of Tamilnadu, Rep. by its Secretary, Food Co-Op and Consumer Protection Dept., Fort. St. George, Chennai 600 009. Respondent(s) WP No. 26486 of 2019 1. M. Nagarajan, S/o. K.R. Mani, No. 105, https://www.mhc.tn.gov.in/judis WP No. 26477 of 2019 Krishnanveedhi, Karungalpalayam, Erode - 3. Petitioner(s) Vs 1. The Tamil nadu Civil Supplies Corporation Ltd., Rep. by its Chairman Cum Managing Director, 42, Thambusamy Rd, Chennai -10. 2.The State of Tamilnadu, Rep. by its Secretary, Food Co-Op and Consumer Protection Dept., Fort. St. George, Chennai 600 009. Respondent(s) WP No. 26480 of 2019 1. S. Premkumar, S/o.Sriniraj, 88, Velampalayam, Modakurichi Via, Erode Taluk and Dist. Petitioner(s) Vs 1. The Tamil nadu Civil Supplies Corporation Ltd., Rep. by its Chairman Cum Managing Director, 42, Thambusamy Rd, Chennai -10. 2.The State of Tamilnadu, Rep. by its Secretary, Food Co-Op and Consumer Protection Dept., Fort. St. George, Chennai 600 009. https://www.mhc.tn.gov.in/judis WP No. 26477 of 2019 Respondent(s) WP No. 26482 of 2019 1. A. Natarajan, S/o.Angamuthu, No. 189, Karattangadi, Lakapuram Post, Erode - 2. Petitioner(s) Vs 1. The Tamil nadu Civil Supplies Corporation Ltd., Rep. by its Chairman Cum Managing Director, 42, Thambusamy Rd, Chennai -10. 2.The State of Tamilnadu, Rep. by its Secretary, Food Co-Op and Consumer Protection Dept., Fort. St. George, Chennai 600 009. Respondent(s) PRAYERs in all W.P's: Writ petitions are filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified mandamus calling for the records relating to the G.O.Ms.No. 213 Food, Co-op and Consumer Protection (AI) Dept. dated 15.10.1998 of the 2nd respondent along with the consequential proceedings No. A E 3/ 23706 / 07 dated 05.04.2007 of the 1 st respondent herein, quash both the orders in so far as it has deprived the petitioners of their Medical allowance, Washing allowances, Tea and Dust allowances, surrender of earned leave and encashment of earned leave on death / retirement, Leave Travel Concession and appointment on compassionate ground in cast of an employee who dies while in service and consequently restore the benefits from 05.04.2007 with all attendant benefits. https://www.mhc.tn.gov.in/judis WP No. 26477 of 2019 In all W.P's.: For petitioner : Mrs.M.Karthikeyani For Respondent(s): Dr.K.Thirugnanam, for R1 M/s.T.Chezhiyan Additional Govt. Pleader COMMON ORDER These writs petitions have been filed to call for the records relating to order passed by the second respondent in G.O.Ms.No. 213 Food, Co-op and Consumer Protection (AI) Dept. dated 15.10.1998 along with consequential proceedings of the 1 st respondent in proceedings No. A E 3/ 23706 / 07 dated 05.04.2007 herein and quash and consequently restore the benefits from 05.04.2007 with all attendant benefits. 2. The petitioners has joined as a temporary Watchman in the year 1993 and absorbed as a permanent worker in the year 2005 in Clause IV Category 3. Once the petitioners are absorbed and regularized they become 'Packers' and there is no distinction among different Packers. The petitioners have completed their probation during the year 2000. From the date of their regularization, the petitioners were given with the benefits of Medical, Washing, Tea and Dust allowance https://www.mhc.tn.gov.in/judis WP No. 26477 of 2019 3. All of a sudden in the year 2007 the above benefits extended to the petitioners have been forfeited by the respondents. Similarly placed persons have already filed a writ petition in W.P.No.10108/2008 challenging the orders denying the above benefit to the Packers who are absorbed to Clause IV and Category 3 and who have completed their probation after they were regularized. In the said writ petition the respondents have argued that the decision has been taken by making a distinction between the employees who have come through employment exchange and others who have come from casual labourers. So the denial of the benefits to the Packers who have been regularized from casual labourers have been justified by the respondents. But the Court has not chosen to accept the arguments of the respondents and granted the relief to the above petitioners on the observation that the respondents cannot withdraw the benefits as they were already given with the benefits from the date of their regularization and there cannot be any distinction between the Packers once they are absorbed as packers and regularized. 4. The writ appeal filed challenging the order passed in the writ petition was also dismissed by confirming the orders passed in the above writ petition in W.P.No.10108/2008 and the Special Leave Appeal filed challenging the judgment in the Writ Appeal was also dismissed. As the order passed in the writ petition in W.P.No.10108/2008 has attained finality, the respondents cannot have any objection to extend the same benefits to those persons who are absorbed as Packers on the regularization of their temporary service. https://www.mhc.tn.gov.in/judis WP No. 26477 of 2019 5. The petitioners have filed their order of regularization to show that their services have been regularized by equating them to Packers by making reference to G.O.Ms.No. 213 Food, Co-op and Consumer Protection (AI) Dept. dated 15.10.1998. 6. In view of the above observations, the Writ Petitions are allowed and the order passed by the second respondent in G.O.Ms.No. 213 Food, Co-op and Consumer Protection (AI) Dept. dated 15.10.1998 and the consequential proceedings of the first respondent in No. A E 3/ 23706 / 07 dated 05.04.2007 are hereby quashed and the petitioners are extended with all the consequential and attendant benefits with effect from 05.04.2007. No costs. 19-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No bkn https://www.mhc.tn.gov.in/judis WP No. 26477 of 2019 To 1.The Chairman Cum Managing Director , Tamil nadu Civil Supplies Corporation Ltd., Thambusamy Rd, Chennai -10. 2. The Secretary, Food Co-Op and Consumer Protection Dept., Fort. St. George, Chennai 600 009. https://www.mhc.tn.gov.in/judis WP No. 26477 of 2019 R.N.MANJULA J. bkn WP No. 26477 of 2019 AND WP NO. 26486 OF 2019,WP NO. 26480 OF 2019,WP NO. 26482 OF 2019 19-03-2025 https://www.mhc.tn.gov.in/judis