K.V.Saravanan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2020

CORAM

THE HON'BLE Mr.JUSTICE N.ANAND VENKATESH W.P.No.5084 of 2020 1.

K.V.Saravanan 2.

S.Mthialagan 3.

M.Mahadevan 4.

S.Sekar 5.

E.Pugalenthi 6.

P.Kannan 7.

S.Sakthivelan 8.

P.Saravanan 9.

A.Rasario Santhappan

10. A.Vincent Thomas

11. K.Sampathkumar

12. S.Sankarganesh

13. N.Mayilvaganan

14. M.Sundravel

15. K.Jayalakshmi

16. A.Chitra

17. S.Sivagami

18. M.P.Sasirekha

19. S.Sheeja

20. K.Nithya

21. V.Nithya

22. P.Pushpa

23. K.Murugammal

24. M.Nalini

25. S.Uma

26. C.Annammal

27. N.Kanjana

28. K.Geetha

29. S.Jayanthi

30. R.R.Rajathi

31. M.Sagayarani

32. R.Radharamani

33. P.Veeramani

34. R.Kaveri

35. A.Murugavel

36. N.Kuppusamy

37. P.Mayilsamy

38. K.Azhakarasi

39. S.Palaniyammal

40. R.Jayarani

41. N.Dhanabalan

42. A.Nagarajan 1/5

43. V.Mathaiyan

44. K.Subbulakshmi

45. K.Jayanthi

46. P.Dharanichitra

47. N.Lalitha

48. P.Kalpana

49. J.Meenatchi

50. T.Kalaimani

51. R.Vijaya

52. K.Prabavathi

53. S.Navamani

54. A.Shalini

55. G.Sathiya

56. N.Muthulakshmi

57. M.Manimegalai

58. S.Kamalasundari

59. A.Deepajansi Rani

60. P.Sagayarani

61. F.Josephine Mary

62. R.Mythili

63. S.Parimala

64. K.Radha

65. K.Umasankari

66. K.Anbuselvi

67. V.Meenatchi

68. P.Subhasini

69. V.Sumathi

70. M.Geethabai

71. S.Balasubramanian

72. A.Sumathi

73. M.Hemavathi

74. M.Malarvizhi

75. A.Prabakaran

76. A.Rajeswari

77. A.Sakila

78. K.Ghanaprakasham

79. S.Sivamalar

80. K.Vanitha

81. T.Sumathi

82. T.Umamaheswari

83. V.Ravikumar ... Petitioners -Vs1.State of Tamil Nadu, rep. by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, 2/5

Chennai - 600 006.

... Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to regularize the services of the petitioners from their initial date of appointment i.e., from the date of entry into service till 01.06.2006 for the purpose of seniority, with all consequential, monetary and service benefits.

For Petitioners : Mr.S.Sathia Chandran For Respondents : Mrs.V.Annalakshmi, Government Advocate.

***

ORDER

The issue that is involved in this Writ Petition is that the petitioners were originally appointed as Post Graduate Teacher on Consolidated basis and, subsequently, they were brought on regular time scale of pay. However, their seniority was reckoned only from the date of regularisation and not from the date of initial appointment.

2. The above issue became the subject matter of challenge in several Writ Petitions and aggrieved by the orders passed by a learned Single Judge in one of the said Writ Petitions, an appeal came to be filed by the Government of Tamil Nadu, whereupon, the Hon'ble First Bench, in W.A.No.3904 of 2019, after considering the submissions made on either side, on 13.01.2020, was pleased to pass the following order : ''4.

The learned counsel for the appellants/State submits that the promotion can only be from the date of regularisation and not from any date anterior to the date of regularisation. However, the learned counsel for the respondents/writ petitioners points out the specific admission that has been made by the appellants/State , in para 15 of the grounds of appeal, which reads as under :

" 15.The Learned Judge Justice ought to have considered that with regard to promotion of the respondents herein, among those Secondary Grade Teacher/B.T.Assistant/P.G.Teachers brought into regular time scale with effect from 01.06.2006 vide G.O.Ms.No.99, School Education Department, dated 27.06.2006, the date of initial appointments under contract 3/5

basis is taken into account already and no injustice caused to them."

5. In view of the statement made in para 15 of the grounds of appeal read with G.O.Ms.No.120, dated 18.07.2006, it is clear that the Government itself had agreed to grant the benefits of seniority from the date of initial appointment and all monetary benefits from the date of regularisation, which is from 01.06.2006.

6. The learned Single Judge has allowed the writ petition, directing the appellants herein to regularise the services of the respondents/writ petitioners from the date of entry into service for the purpose of seniority and extend all monetary benefits following thereof. The learned counsel for the respondents/writ petitioners concedes that the portion of the order which directs payment of monetary benefits from the date of appointment may be deleted. The learned counsel agrees that the seniority of the writ petitioners be reckoned from the date of initial appointment and monetary benefits be given from the date of regularisation, i.e., from 01.06.2006. In view of the submissions made, the Writ Appeal is allowed in part to the extent mentioned above. No costs. Consequently, C.M.P.No.24538 of 2019 is closed.''

3. Therefore, the issue involved in this Writ Petition is squarely covered by the Division Bench decision of this Court, referred to supra, wherein, the Division Bench has directed the seniority of the petitioners therein to be reckoned from the date of initial appointment and the monetary benefits to be given from the date of regularisation.

4. Following the above Division Bench decision of this Court, this Writ Petition is disposed of in similar terms, extending the same relief to the petitioners herein as well. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar KMI 4/5

To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

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

+1cc to Mr.S.Sathia Chandran, Advocate, S.R.No.17343 +1cc to the Government Pleader, S.R.No.17740 W.P.No.5084 of 2020 RV(CO) RSI(21/05/2020) 5/5