J.Jeyakumar, S/O.R.John Rose, v. The Director Of Non-Formal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.4.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.12384 of 2016 J.Jeyakumar .. Petitioner vs

1. The Director of Non - Formal Education DPI Campus, Nungambakkam, Chennai - 600 006

2. The Director of Saravashiksha Abhiyan(SSA) D.P.I. Campus, Nungambakkam, Chennai - 600 006 ..

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to forthwith appoint the petitioner as the State Project Coordinator in the S.S.A Karkum Bharatham Schemes of the Government of Tamil Nadu by considering and passing orders on the representation of the petitioner dated 03.03.2016. For petitioner :

Mr. K.Selvaraj For Respondents :

Mr.S.Chinnadurai Government Advocate

O R D E R

This writ petition has been filed by J.Jeyakumar, seeking for a direction to the respondents to appoint him as the State Project Co-ordinator in the S.S.A Karkum Bharatham Schemes of the Government of Tamil Nadu.

2. Heard Mr. K.Selvaraj, learned counsel for the petitioner and Mr.S.Chinnadurai, learned Government Advocate, who took notice for the respondent and with their consent, the main writ petition itself is taken up for disposal.

3. The petitioner, who was appointed as a Master Trainer in the Arivoli Iyakkam in Kanyakumari District in the year 1991, continued in the Scheme till the year 1993. Subsequently, he was appointed as Primary Co-ordinator in the continuing

Education. Thereafter, he was appointed as a Prerak Blcok Coordinator and District Project Co-Ordinator in the continuing eduction and he worked there till 2014. Therefore, it is the grievance of the petitioner that since he has put in more than 25 years of service in the Non-formal Education Schemes, his name may be considered for appointment of State Co-ordinator in the S.S.A., Karkum Sharatham Scheme of the Government of Tamil Nadu.

4. Learned counsel, drawing the notice of this Court to the unreported decision of this Court in the case of C.Rangaraju and others vs. The Secretary, Union of India, Department of Human Resources Development of School Education and Literacy, Shastri Bhavan, New Delhi and others (WP. No.7164 of 2010 dated 30.4.2010) submitted that in a similar circumstances, this Court has directed the respondents therein to consider the similar request made by the petitioner therein.

5. Mr.S.Chinnadurai, learned Government Advocate seeks eight weeks time to consider the representation dated 03.03.2016 submitted by the petitioner.

6. In similar circumstances, this Court, while disposing of the writ petition filed by the similarly placed persons in W.P.No.7164 of 2010, by an order dated 30.04.2010, has observed as follows:

"6. Considering the said submission of the learned Special Government Pleader, it is suffice for this Court to dispose of the petition by recording the above said statement of the learned Special Government Pleader to the effect that the petitioners would be given preferential right in absorbing under the present existing Scheme namely "Saakshar Bharat Scheme.". It is made clear that, it is open to the petitioners to make a representation to the respondent authorities for seeking the relief of payment of arrears of salary, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the first respondent shall consider such representation on merits and in accordance with law within a period of eight weeks from the date of receipt of such representation."

7. Since the petitioner is also similarly placed, his case deserves to be considered.

Accordingly, this Court, considering the limited prayer sought for by the petitioner, directs the respondents to consider and pass orders on the pending representation dated 03.03.2016 by giving priority in

the appointment, in the light of the order dated 30.4.2010 passed by this Court in WP.No.7164 of 2010 and also taking note of the fact that the petitioner has put in 25 years of service, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above directions. No costs.

ga s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Director of Non - Formal Education DPI Campus, Nungambakkam, Chennai - 600 006

2. The Director of Saravashiksha Abhiyan D.P.I. Campus, Nungambakkam, Chennai - 600 006 + 1 cc to Mr.K.Selvaraj, Advocate, SR 20656 + 1 cc to Govt.Pleader, High Court, Madras SR 20910 nr(co) prk27/4 W.P.No.12384 of 2016