R.Annalet Geetha v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11678 of 2015

1. R.Annalet Geetha

2. Thirumalai Kumar

3. R.Pushpa ..

Petitioners -vs1. State of Tamil Nadu represented by its Principal Secretary School Education Department Fort St.George Chennai 600 009

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

3. The District Elementary Educational Officer Krishnagiri ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents herein to regularise the services of the petitioners with effect from 12.01.2002, the date on which the petitioners' juniors in the employment exchange were appointed to the post of Secondary Grade Teacher for the purposes of seniority and pensionary benefits in the light of the judgments of this Hon'ble Court dated 06.04.2011 in W.P.No.13931 of 2009 and order dated 22.07.2011 in W.P.No.13155 of 2007.

For Petitioners ::

Mrs.Dakshayani Reddy For Respondents ::

Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

This writ petition has been filed by Mrs.R.Annalet Geetha, Mr.Thirumalai Kumar and Mrs.R.Pushpa seeking issuance of a writ of mandamus, directing the respondents herein to regularise their

services with effect from 12.01.2002, the date on which their juniors in the employment exchange were appointed to the post of Secondary Grade Teacher for the purposes of seniority and pensionary benefits, in the light of the orders passed by this Court in W.P.No.13931 of 2009 dated 06.04.2011 and in W.P.No.13155 of 2007 dated 22.07.2011 .

2. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice on behalf of the respondents.

3. The claim of the petitioners shows that they were called for certificate verification for the post of Secondary Grade Teacher on the basis of their employment exchange seniority by the Chief Educational Officer, Dharmapuri vide proceedings No.12337/Aa3/2000. All of them attended the certificate verification. In the meanwhile, as the petitioners had migrated to Hosur for the purpose of employment, their employment exchange seniority were cancelled without any notice whatsoever. Therefore, the petitioners filed W.P.Nos.15496 of 2002, 6713 of 2001 & 641 of 2002 respectively and the said writ petitions were disposed of directing the respondents to conduct a fresh enquiry as to the genuineness of their nativity.

Subsequently, the petitioners employment exchange seniority were found to be genuine and thereupon they were all appointed to the post of Junior Grade Secondary Grade Assistant vide the proceedings dated 15.8.2004. In view of that, similarly placed persons filed W.P.Nos.13931 of 2009, 13155, 13184 and 13196 of 2007 seeking issuance of a writ of mandamus to direct the official respondents to regularise their service with effect from 3.1.2002 only for the limited purpose of seniority and pension and not for any monetary benefits. This Court, by orders dated 6.4.2011 & 22.7.2011 respectively, directed the official respondents to regularise the services of the petitioners therein with effect from 3.1.2002, the date on which their juniors were given employment.

In this regard, the petitioners herein have also given individual representations on 30.3.2015. But, till date, the same have not been considered. Therefore, this Court, without going to the merits, accepting the limited prayer for disposal of their representations, hereby directs the respondents to consider the individual representations dated 30.3.2015 on merit and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. Needless to mention that the petitioners are not seeking any monetary benefits. With the above direction, the writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss

To

1. The Principal Secretary to Government School Education Department Fort St.George Chennai 600 009

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

3. The District Elementary Educational Officer Krishnagiri.

1 cc to Government Pleader,Sr.No21819 1 cc to Mrs.Dakshayani Reddy,Advocate, SR.No.21667 W.P.No.11678 of 2015 ug(co) pmk.30.4.2015