S.Mageshwari v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P. No.594 of 2023 and W.M.P.No.542 of 2023
1. S.Mageshwari
2. G.Anbarasan
3. S.Usha ...
Petitioners versus
1. The State of Tamil Nadu, Principal Secretary to Government, School Education Department, Chennai - 600009.
2. The Director of School Education, DPI complex, Nungampakkam, Chennai ;
- 600006.
...
Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.02.2022 to regularize the petitioners' service from the date of our initial appointment and consequently direct the respondents to pay monetary and service benefits with all consequential benefits and arrears.
For petitioner : Mrs.S.Esairani Narasimman For respondents : Mr. E. Sundaram, Government Advocate 1/5
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. Mr.E.Sundaram, learned Government Advocate accepts notice for the respondents.
3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to regularise the petitioners service from the date of their initial appointment and consequently direct the respondents to pay monetary and service benefits with all consequential benefits and arrears based on their representation dated 26.02.2022, within a time frame to be fixed by this Court.
4. The petitioners claim that they were appointed as Ministerial staff in Model Schools all over Tamil Nadu on contract basis. They were paid consolidated pay. According to them, they have been working for more than ten years. In such circumstances, they have sought for regularisation of their services and they have given a joint representation on 26.02.2022. Since the joint representation has not been considered, till date, they have filed this writ petition. 2/5
5. Heard Mrs.S.Esairani Narasimman, learned counsel for the petitioner and Mr.E.Sundaram, learned Government Advocate appearing for the respondents.
6. No prejudice would be caused to the respondents, if the petitioners' representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
7. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on merits and in accordance with law on the petitioners' representation dated 26.02.2022 seeking for regularisation of their services from the date of their initial appointment and consequently, direct the respondents to pay monetary and service benefits with all consequential benefits and arrears, within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, W.M.P.No. 542 of 2023, is ordered subject to payment of separate court fee.
09.01.2023 Index: Yes/No Speaking Order/Non-Speaking Order MRN 3/5
To :
1. The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Chennai ~09.
2. The Director of School Education, DPI complex, Nungampakkam, Chennai ;
06.
4/5
ABDUL QUDDHOSE, J.
(MRN) W.P. No.594 of 2023 and W.M.P.No.542 of 2023 09.01.2023 5/5