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Madras High CourtWP/695/2020disposed of

V.Kumar v. The State Of Tamil Nadu

2020-01-13Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.695 of 2020 1.V.Kumar 2.B.Mohan 3.R.Rathansingh Petitioners vs.

1. The State of Tamil Nadu, Rep. by Principal Secretary to Government, Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, College Road, DPI Compound, Nungambakkam, Chennai - 600 006.

3. The Joint Director of Vocational Education, Office of Director of School Education, College Road, DPI Compound, Nungambakkam, Chennai - 600 006.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to alter the date of regularisation of the service of the petitioners from 10.06.2002 to 29.09.1996 as Vocational Teacher Grade-I in pursuance of G.O.Ms.No.680, Education Science & Technology (VE) Department, dated 20.09.1996 with all the benefits of seniority, promotion and pensionary benefits from 20.09.1996 but with the monetary benefits from 10.06.2002 in terms of the decision of this Court in W.P.No.28199 of 2008 dated 20.02.2014. For Petitioner : Ms.C.Uma For Respondents: Ms.P.Kavitha Government Advocate

O R D E R

This writ petition has been filed for issuance of writ of mandamus directing the respondents to alter the date of regularization of services of the petitioners from 10.06.2002 to 29.09.1996 as Vocational Teacher Grade-I in accordance with

G.O.Ms.No.680, dated 20.09.1996.

2.The case of the petitioners is that they were originally appointed as Part Time Vocational Instructor and subsequently, they were appointed as Vocational Instructor Grade-II and thereafter as Vocational Instructor Grade-I. 3.The grievance of the petitioners is that they were regularized w.e.f.10.06.2002 and the claim made by the petitioner is that they ought to have been regularised w.e.f. 20.09.1996. For this purpose, the petitioners are relying upon the G.O.Ms.No.680, dated 20.09.1996. The further grievance of the petitioners is that similarly placed persons have approached this Court and this Court had also issued appropriate directions.

4.Heard Ms.C.Uma, learned counsel appearing on behalf of the petitioners and Ms.P.Kavitha, learned Government Advocate appearing on behalf of the respondents.

5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representations made by the petitioners on 05.11.2019 and 07.11.2019 and pass appropriate orders strictly in accordance with law and in line with the G.O.Ms.No.680, dated 20.09.1996, within a period of six weeks from the date of receipt of copy of this order. The petitioners are directed to make fresh representations to the 1st respondent with a copy marked to the 2nd and 3rd respondents along with the copy of the earlier representations dated 05.11.2019 and 07.11.2019 and a copy of this order. 6.This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar Ssr To

1. The Principal Secretary to Government, State of Tamilnadu, Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, College Road, DPI Compound, Nungambakkam, Chennai - 600 006.

3. The Joint Director of Vocational Education, Office of Director of School Education, College Road, DPI Compound, Nungambakkam, Chennai - 600 006.

+1cc to Mr.C.Uma, Advocate, S.R.No. 3077 +1cc to the Government Pleader, S.R.No. 3526 W.P No.695 of 2020 PM(CO) GN(21/02/2020)