Government Of Tamilnadu v. M.A.Margabandu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2018

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.A.No.1109 of 2013 and M.P.No.1 of 2013

1. Government of Tamil Nadu rep. By the Secretary to Government, School Education Department, Secretariat, Chennai - 9.

2. The Director of Public Libraries, Chennai - 2.

3. District Library Officer, District Library Office, 1, Infantry Road, Vellore District.

... Appellants/Respondents -vsM.A.Margabandu

...Respondent/Petitioner

Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 14.03.2013 made in W.P.No.9188 of 2011. PRAYER IN WP.No.9188/2011: This Writ Petition filed under Article 226 of Constitution of India praying to regularise the service of the petitioner from 05/02/2002 and to bring him to regular establishment in regular time scale of pay with consequential benefits.

For Appellants :

Mr.K.Karthikeyan, Govt. Advocate For Respondent : Ms.Swadhi Subramaniam https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

[Judgment of the Court was delivered by M.M.SUNDRESH,J.] This writ appeal is directed against the order dated 14.03.2013 made in W.P.No.9188 of 2011, whereby the learned single Judge allowed the writ petition.

2.Heard the learned Government Advocate appearing for the appellants and the learned counsel appearing for the respondent. 3.When the matter is taken up for hearing, both the counsel would submit that the issue involved is covered against the respondent, wherein the Apex Court was pleased to hold that G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department dated 28.02.2006 is not applicable to the part time employees and as well as when there is no sanctioned post available. The aforesaid Government Order has also been quashed subsequently in G.O.Ms.No.74 Personnel and Administrative Reforms (F) Department dated 27.06.2013.

4.In such view of the matter, the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

mmi Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar 1.The Government of Tamil Nadu, rep. by the Secretary to Govt.

School Education Department, Secretariat, Chennai - 9.

2.The Director of Public Libraries, Chennai - 2.

3.The District Library Officer, District Library Office, No.1, Infantry Road, Vellore District.

+1cc to Mr.R.Prem Narayan, Advocate, S.R.No.84615 +1cc to The Government Pleader, S.R.No.85107 W.A.No.1109 of 2013 RJI(CO) KAK(09/01/2019 https://hcservices.ecourts.gov.in/hcservices/