The Govt Of Tamilnadu v. R.Amutha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.02.2024
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Writ Appeal Nos.1586, 1289, 1608 & 1488 of 2019 and C.M.P.Nos.10971, 8776, 1488, 10832 & 10184 of 2019 1.The Government of Tamil Nadu, Represented by its Secretary to Government, School Edcuation Department, Secretariat, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Joint Director of School Education, College Road, Chennai - 600 006.
4.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.
... Appellants in all the appeals Vs 1.R.Amutha ... Respondent in W.A.No.1586 of 2019 1.N.Kalaiyarasi ... Respondent in W.A.No.1289 of 2019 1.S.Venkatesh Babu ... Respondent in W.A.No.1608 of 2019 1.Logeswaran ... Respondent in W.A.No.1488 of 2019 1/7
2.The Correspondent, Kshatriya Nadar Girls Higher Secondary School, Kamuthi - 623 603, Ramanathapuram District.
... Respondent in all the appeals COMMON PRAYER: Writ Appeals have been filed under Clause 15 of Letter Patent against the order dated 05.07.2018 made in W.P.Nos.32392, 32391, 32393 & 32394 of 2015.
In all W.As.
For Appellants : Mr.V.Manoharan Additional Government Pleader For R1 : Mr.S.Mani For R2 : Served - No appearance in W.A.Nos.1586 & 1488 of 2019 only COMMON JUDGMENT (Judgment of the Court was made by Mr.K.KUMARESH BABU.,J.) These Intra-Court Appeals had been preferred by the State being aggrieved against the order passed by the learned Single Judge, wherein, the orders impugned in those Writ Petition before the Writ Court was set aside and consequential direction was issued to grant pay scale of Vocational Instructor Grade - I to the first respondent/ Writ Petitioners with effect from 2/7
06.08.1993 on notional basis and grant monetary benefits from 08.07.2004 with all attendant benefits.
2. Heard Mr.V.Manoharan, learned Additional Government Pleader appearing for the appellants and Mr.S.Mani, learned counsel appearing for the first respondent.
3. In these Intra-Court Appeals, the second appellant herein had filed an affidavit dated 09.08.2019. For better appreciation, the relevant paragraph of the said affidavit is extracted hereunder:- "8. It is further submitted that in the mean while necessary proposals have been forwarded to the Government vide the RC No.83946/V1/S3/2015, Dated: 27.06.2019 of the 2nd appellant/ petitioner herein to regularize the respondent from the date of initial appointment. In addition to that similar proposals have also been sent for other respondents namely R.Amutha, S.Venkaresh Babu, and P.Lokeshwaran relating to Writ Appeal Nos.1586 of 2019, 1608 of 2019, 1488 of 2019." 3/7
4. Recording the said affidavit, this Court had passed the following order:- "The Director of School Eduction filed an affidavit dated 09.08.2019 indicating that the proposal submitted on 27.06.2019 for regularisation of service of the first respondent is pending with the Government. The Education Department seeks twelve weeks time for issuing orders regarding regularisation.
2. This matter has been kept pending on account of the submission made by the Government that a decision was taken to regularise the service of the first respondent. The matter was adjourned periodically for producing the order relating to regularisation. It was only when we found that the Government has been taking time, we directed the Education Department to file an affidavit. The affidavit also indicates that the proposal was made way back on 27.06.2019.
3. We direct the appellants to pass orders, taking into account, the proposal made by the Director, Education Department dated 27.06.2019, as expeditiously as possible and produce a copy of the order before this Court on 17.09.2019.
4/7
Post on 17.09.2017."
As indicated the first respondents in all these appeals were all regularised in service as Vocational Instrcutors Grade - II from 20.09.1996 and as Vocational Instructors Grade - I from 10.06.2002. Such an order came to be passed as early as on 11.02.2021. Under, the said Government Order as directed by this Court, they have also granted monetary benefits.
5. In view of the said submission, the lis that is to be adjudicated in these Intra-Court Appeals do not survive any further. In view of the same, these Writ Appeals are disposed of as no necessary orders are required to be further made in these Writ Appeals. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed. (R.S.K.,J.) (K.B., J.) 07.02.2024 Index: Yes/No Speaking Order/Non Speaking Order 5/7
gba R.SURESH KUMAR., J.
and K.KUMARESH BABU.,J.
gba Writ Appeal Nos.1586, 1289, 1608 & 1488 of 2019 and C.M.P.Nos.10971, 8776, 1488, 10832 & 10184 of 2019 6/7
07.02.2024 7/7