The State Of Tamilnadu v. S.Thayammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.02.2018

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.VELMURUGAN W.A No.378 of 2017 and CMP No.5781 of 2017 1.The State of Tamil Nadu, 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, Kanniyakumari District ...Appellants Vs S. Thayammal

...Respondent

Prayer:- Writ Appeal filed under clause 15 of Letters Patent, against the order made in W.P.No.17623 of 2013 dated 01.07.2013.

For Appellants : Mr.K. Karthikeyan Government Advocate For Respondent : Notice Served No appearance

J U D G M E N T

(Judgment of the Court w a s deliv e r e d by K. K . S A S I D H A R A N , 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 his 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 Additional Government Pleader 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 Additional Government Pleader, 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.

K.K.SASIDHARAN,J.

and P.VELMURUGAN,J.

sr

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.

(K.K.SASIDHARAN.,J.) (P.VELMURUGAN.,J.) 01 February 2017 Speaking Order/Non-speaking Order Index:yes/no website:yes/no sr W.A No.378 of 2017