The Secretary To Government v. E.M.Valliyammal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.06.2018
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.A No.278 of 2017 and C.M.P.No.4318 of 2017 1.The Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The District Educational Officer, Nagercoil, Kanyakumari District.
...Appellants/Respondent Vs E.M.Valliyammal
...Respondent/Petitioner
Prayer:- Writ Appeal filed under clause 15 of Letters Patent, against the order made in W.P.No.17443 of 2013 dated 28.06.2013. prayer in W.P.No.17443 of 2013:
Filed Under Article 226 of the Constitution of india to issue an apporpriate writ order or direction in the nature of writ of mandamus directing the 1st & 2nd respondents forthwith to regularise the petitioner's service as sweeper in time scale of pay from the date of completition of 10 years of service i.e. on 31.10.1991 and disbures all monetary benefits to the petitioner. For Appellants : Mr.K.Karthikeyan Government Advocate For Respondent : No appearance
J U D G M E N T
(Judgment of the Court was delivered by K.K.SASIDHARAN,J.) The Mandamus issued by the learned single Judge to the appellants to regularise the services of the respondent on completion of 10 years of service from the date of her initial appointment is under challenge in this intra court appeal.
2. The challenge is mainly on the ground that the government order relied on by the learned single Judge is not applicable to Part Time employees.
3. The learned Government Advocate by producing a copy of the judgment dated 10 July 2014, in W.A.Nos.2911 of 2012 etc., batch, submitted that the issue is covered by the said judgment. According to the learned Government Advocate, the Division Bench set aside the orders passed by the learned single Judges of this Court directing regularisation of Part Time employees.
4. None appeared on behalf of the respondent.
5. The learned single Judge by placing reliance on the Government Order in G.O.Ms.No.22 P & AR Department, dated 28 February, 2006 directed regularisation of the services of the respondent. The respondent was working as Part Time Sweeper. The learned single Judge extended the benefits of the Government Order to the respondent. When similar issue came up before the Division Bench in W.A.Nos.2911 of 2012 etc., batch, the Division Bench allowed the appeals filed by the Government and set aside the direction issued by the learned single Judges of this Court for regularisation of Part Time employees.
6. The issue raised in this intra court appeal is squarely covered by the judgment dated 10 July, 2014 in W.A.Nos.2911 of 2012 and etc., batch.
7. The intra court appeal filed by the State is allowed by following the judgment dated 10 July, 2014 in W.A.Nos.2911 of 2012 and etc., batch. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sl TO 1.The Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The District Educational Officer, Nagercoil, Kanyakumari District.
W.A No.278 of 2017 and C.M.P.No.4318 of 2017 PVS(CO) TR(04/07/2018)