LAWS(MAD)-2022-8-25

STATE OF TAMIL NADU Vs. P.PERIYASAMY

Decided On August 08, 2022
STATE OF TAMIL NADU Appellant
V/S
P.PERIYASAMY Respondents

JUDGEMENT

(1.) Challenge in this appeal is made to the order dtd. 6/12/2006 recorded on W.P.No.34761 of 2005. This appeal is by the respondents in the writ petition - State Authorities.

(2.) Mr.R.Raman Lal, learned Additional Advocate General for the appellants has vehemently submitted that, the relief granted by learned single Judge was against the policy of the State, without there being any challenge to the Government Order relevant for that purpose and it would lead to financial burden. Learned Additional Advocate General for the appellants has also, extensively taken this Court through different Government Orders, so also the orders of this Court, including Government letter dtd. 20/11/2008, those referred in the order of learned single Judge so also the order of the Division Bench of this Court dtd. 21/6/2018 recorded on Review Application No.168 of 2018 in W.A. No.1391 of 2014. It is submitted that, the grant of relief to the writ petitioners was against the policy of the State and whether the consequential benefits from retrospective regularisation, including arrears of pay should have been granted or not was well within the discretion of the State and this Court ought not to have exercised that discretion. It is submitted that this appeal be entertained.

(3.) Having heard learned Additional Advocate General for the State and having considered the material on record this Court finds as under:-