Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 9714 (MAD)

L.KAMALA DEVI v. The State of Tamil nadu

WP/12879/2026 · 2026-04-07

P T Asha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 12879 of 2026 __________ Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 12879 of 2026 1. L.Kamala Devi D/o.Lakshmanan, Data Entry Operator, Taluk Office, Uthukottai, Thiruvallur District. 2. G.Kanagalakshmi D/o.G.Gundan, Data Entry Operator, Taluk Office, Denkanikottai, Krishnagiri Dsitrict. 3. A.annalatha W/o.M.Ayyanan Data Entry Operator, Taluk Office, Palayamkottai, Tirunelveli District. 4. M.kanthasri D/o.Mahalingam, Taluk office, Senkottai, Thirunelveli Dsitrict. 5. M.rajasekar S/o.Muniyan, Data Entry Operator, Taluk Office, Kumbakonam Thanjavur District. 6. C.Mariyappan S/o.M.Chellam Data Entry Operator, https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page2 of 10 Collector office, Madurai District. ..Petitioner(s) Vs 1. The State of Tamil nadu Rep. by its Secretary to Government Revenue Department, Secretariat, Chennai-9 2. The State of Tamil Nadu Rep. by its Secretary to Government, Social Welfare of Nutritious Meal programme Department, Secretariat, Chennai-9 3. The State of tamil Nadu Rep. by its Secretary to Government, Welfare of Differently abled persons department, Secretariat, Chennai-9 4. The Commissioner of Social Welfare, Chepauk, Chennai-5 5. The District Collector, Thiruvallur, Thiruvallur Dsitrict. 6. The District collector Krishnagiri, Krishnagiri Dsitrict. 7. The District Collector Tirunelveli, Tirunelveli District. 8. The District Collector Thanjavur, https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page3 of 10 Thanjavur District. 9. The District Collector Madurai, Madurai District. ..Respondent(s) Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to provide appointment to the petitioners in any entry level post in the light of the orders passed in W.P. (MD) No.20494 of 2016 and in W.A(MD) No.894 of 2022 within the period that may be stipulated by this Court. WP No. 12879 of 2026 For Petitioner(s): M/s.Ajmal Associates S.Nambi Arooran A.Nawaz Khan V.karthikraja I.Calvin Jones S.venkatesh For Respondent(s): Mr.P.Balathandayutham, Spl.GP Order (1) Mr.P.Balathandayutham, learned Special Government Pleader accepts notice on behalf of the respondents. With the consent of the learned counsels on either side, the writ petition is taken up for final disposal. (2) The writ petition is filed by the petitioners seeking a mandamus to direct the respondents to provide appointment to the petitioners in any entry https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page4 of 10 level post in the light of the orders passed in W.P. (MD) No.20494 of 2016 and in W.A(MD) No.894 of 2022 within the period that may be stipulated by this Court. (3) The case of the petitioners is that the petitioners who are differently abled persons, were appointed as Data Entry Operators in Tiruvallur District under the special posts sanctioned by the Government to all the districts for the implementation of the scheme for distribution of free colour televisions, during the year 2007, on a consolidated pay of Rs.4,000/-. Subsequently, their pay has been revised to Rs.7,500/- per month, by the 1st respondent vide G.O.Ms.No.17, dated 11.01.2013. It is the further case of the petitioners that the 2nd respondent, vide G.O.Ms.No.151, dated 16.10.2008, issued orders, bringing the differently abled persons, working in different Government Departments and who are working on consolidated pay for more than two years, under regular time scale of pay, by relaxing the rules, however, after obtaining approval from the Government. While so, the 1st respondent, issued a Government Order, vide G.O.Ms.No.254, Revenue [RA2[2]] Department, dated 04.10.2016, pursuant to which, the subordinate of the 5th respondent, vide proceedings dated 30.09.2016, relieved the petitioners from service. (4) The petitioners submit that similarly placed persons moved the Madurai Bench of this Court and filed WP.[MD].No.20673/2016, challenging the Government Order in G.O.Ms.No.254, dated 04.10.2016. A learned https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page5 of 10 Single Judge of this Court, allowed the writ petition, by setting aside the aforesaid Government Order. Challenging the same, the respondents filed WA.[MD].No.894/2022, and the Division Bench of this Court, vide judgment dated 27.06.2023, dismissed the appeal confirming the order of the learned Single Judge. The SLP preferred against the writ appeal, was also dismissed by the Hon’ble Supreme Court. Hence, the petitioners, citing the aforesaid facts, submitted a representation to the respondents dated Nil. However, the said representation is yet to be considered. Therefore, the petitioners, left with no other option, has approached this Court, by filing the present writ petition for the aforesaid prayer. (5) The learned counsel for the petitioners submitted that one Praveena, who is similarly placed like that of the petitioners, filed WP. [MD].No.95/2025, seeking the very same relief, in the light of the orders passed by this Court in WP.[MD].No.20673/2016 and WA. [MD].No.894/2022 and this Court, allowed the said writ petition, with a specific direction to the 1st respondent to regularise her service with effect from the date of completion of two years of service, in the light of G.O.Ms.No.151, Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008, with all monetary and service benefits. The learned counsel submitted that the petitioners, who are also similarly placed, may be granted the same relief and prayed for appropriate orders. https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page6 of 10 (6) Per contra, M.r.P.Balathandayutham, learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioners would be considered in the light of the Government Order in G.O.Ms.No.24, Welfare of Differently Abled Persons [DAP-3.2] Department, dated 31.10.2025. (7) Heard the rival submissions and perused the materials on record. (8) The facts are not in dispute. The petitioners are seeking parity with the petitioners in WP.[MD].No.20673/2016 and the petitioner in WP. [MD].No.95/2025, who are similarly placed like that of the petitioners herein and who had challenged the order passed by the 2nd respondent, in G.O.Ms.No.254, Revenue [RA2[2]] Department, dated 04.10.2016, in and by which, the petitioners and the other similarly placed persons had been relieved from service. The petitioners are different abled persons who had been appointed in special posts in all Districts for implementation of the scheme for distribution of free colour televisions for the period from 05.01.2007 to 04.01.2008. They have been appointed as Data Entry Operators and their services had been engaged through the Employment Exchange. The petitioners were initially placed under consolidated pay of Rs.4,000/- per month under the category ‘’differently abled person’’ and even after the aforesaid scheme had come to an end, the petitioners were engaged for special posts till the passing of the impugned order. https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page7 of 10 (9) The order impugned herein, was challenged by the similarly placed persons in WP.[MD].No.20673/2016. This Court, vide order dated 25.02.2020, had allowed the writ petition, against which, the respondents had preferred wA.[MD].No.894/2022, which was also dismissed by the Division Bench. The Special Leave Petition filed by the respondents, challenging the judgment made in writ appeal, was also rejected by the Hon’ble Supreme Court, vide order dated 02.07.2024. Therefore, the order in WP.[MD].No.20673/2016 has reached finality. The petitioners who are similarly placed, are therefore entitled to the similar protection. (10) The learned Special Government Pleader produced a copy of the Government Order in G.O.Ms.No.24, dated 30.10.2025 and submitted the petitioners’ representation would be considered in the light the of the aforesaid Government Order. However, a reading of the said Government Order indicates that neither the order passed in WP. [MD].No.20673/2016 nor G.O.Ms.No.151, Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008, has been taken into consideration. (11) Considering the fact that the Apex Court has also given its stamp of approval to the order aforesaid, the present writ petition is disposed of and a mandamus is issued to the respondents to consider the petitioners’ representation dated 17.02.2026, in the light of the order passed in WP. [MD].No.20673/2016 dated 25.02.2020 and G.O.Ms.No.151, dated https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page8 of 10 16.10.2008 and issue appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. 07-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AP To 1. The Secretary to Government State of Tamil nadu Revenue Department, Secretariat, Chennai-9 2. The Secretary to Government, State of Tamil nadu Social Welfare of Nutritious Meal programme Department, Secretariat, Chennai-9 3. The Secretary to Government, State of Tamil nadu Welfare of Differently abled persons department, Secretariat, Chennai-9 4. The Commissioner of Social Welfare, Chepauk, Chennai-5 5. The District Collector, Thiruvallur, Thiruvallur Dsitrict. 6. The District collector Krishnagiri, Krishnagiri Dsitrict. https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page9 of 10 7. The District Collector Tirunelveli, Tirunelveli District. 8. The District Collector Thanjavur, Thanjavur District. 9. The District Collector Madurai, Madurai District. https://www.mhc.tn.gov.in/judis WP No. 12879 of 2026 __________ Page10 of 10 P.T.ASHA J. AP WP No. 12879 of 2026 07-04-2026 [2/2] https://www.mhc.tn.gov.in/judis