B.Parimala v. The Secretary To Government

2025:MHC:2231

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL B.Parimala ... Appellant Vs.

1.The Secretary to Government, School Education Department, Secretariat, Chennai-600 009 2.The Director of School Education, College Road, Chennai-600 006 3.The District Educational Officer, Tirupattur Education District, Tirupattur, Vellore District ... Respondents PRAYER: Appeal is filed under Clause 15 of the Letters Patent, praying to set aside the order of the learned Single Judge of this Court dated 11.01.2022 in Writ Petition No.34479 of 2014.

For Appellant : Mr.J.Saravana Vel For Respondents : Mr.R.Neethiperumal Government Advocate

JUDGMENT

(Judgment of this Court was delivered by M.S.RAMESH.J) The appellant was appointed as a Part Time Sweeper through Employment Exchange on 01.06.1998. Subsequently, upon her regular appointment as a Village Assistant, through an interview held on 07.06.2012, she had resigned from the post of Part Time Sweeper. By comparing herself with one B.Vadivel, who is also a Part Time Sweeper and whose services were regularized on 30.07.2013, she sought for similar orders of regularization in her case as well. She further placed reliance on G.O.No.68, School Education Department, dated 18.04.2013, wherein the services of similarly placed part time sweepers were regularized. However, in the annexure to the said G.O., her name was shown as if she had died in the year 2004. According to the learned counsel for the appellant, the Department had committed a mistake in treating her as deceased, if

otherwise her services also would have been regularized. 2.The Writ Court had taken note of the mistake of treating the appellant as a dead person and had granted liberty to her to make a fresh representation to the respondents with a consequential direction to consider it on its own merits, through orders passed in W.P.No.34479 of 2014 dated 11.01.2022, which is impugned in this Writ Petition. 3.The appeal may not deserve consideration in this case for an obvious reason. While the appellant was serving as a Part Time Sweeper from 01.06.1998, she had resigned from the said post for the purpose of taking a regular appointment as a Village Assistant on 07.06.2012. The moment she had resigned from the post of Part Time Sweeper, her rights to seek for regularization in that post had extinguished.

Even though, her name was allegedly shown in the annexure in G.O (Ms).No.68, as a dead person, she was not entitled to be considered for regularization in view of her cessation of employment as a Part Time Sweeper. Thus, even if any representation is made by the appellant pursuant to the order passed in W.P.No.

ineligibility for regularization. As such there are no merits in the Writ Appeal.

4. Accordingly, this Writ Appeal stands dismissed. No costs. [M.S.R., J] [R.S.V.,J] 01.09.2025 Index: Yes/No Internet:Yes/No Anu To

1.The Secretary to Government, School Education Department, Secretariat, Chennai-600 009 2.The Director of School Education, College Road, Chennai-600 006 3.The District Educational Officer, Tirupattur Education District, Tirupattur, Vellore District M.S.RAMESH, J.

and R.SAKTHIVEL , J.

Anu 01.09.2025