The Principal Chief Secretary To Government v. C.Shanthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WA No. 3468 of 2025 AND CMP NO. 28319 OF 2025

1. The Principal Chief Secretary to Government School Education Department, Fort St.

George,Secretariat, Chennai-9.

2. The Commissioner School Education, College Road, Chennai- 6.

3. The Chief Educational Officer Ranipet District, Ranipet.

4. The District Educational Officer Ranipet District, Ranipet -632 005.

..Appellants Vs

1. C.Shanthy Sweeper, V.R.V.Girls Higher Secondary School, Ranipet- 632 401, Ranipet District.

2. The Correspondent V.R.V.Girls Higher Secondary School, Ranipet- 632 401, Ranipet District.

..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dt. 11.03.2024 made in W.P.No. 29982 of 2022.

For Appellants :

State Government Pleader For Respondents :

Mr.S.N. Ravichandran - for R1

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This intra Court appeal has been directed against the order passed by the learned Writ Court dated 11.03.2024 made in W.P.No.29982 of 2022. In fact the impugned order was a common order passed in the said writ petition as well as yet another writ petition ie., W.P.No.29977 of 2022.

2. As against the said writ petition, already an intra Court appeal has been directed at the instance of the appellant ie., the appellant in W.A.No.3615 of 2024, which came up before a Division Bench of this Court, where one of us (R.Suresh Kumar, J.) was a party, by order dated 21.01.2025, has passed the following order: "

18. In that view of the matter, this writ appeal is disposed of with the following orders:

(i) that the order impugned is sustained, however with the modification that the benefit which has been directed to be extended to the writ petitioners by the orders in the writ petition which is impugned herein shall be extended to them on completion of ten years period from the date of their initial appointment which according to the first petitioner she completes by 30.06.2008 and the second writ petitioner completes by 31.03.2010. Therefore, from 01.07.2008 and 01.04.2010, the writ petitioners respectively are entitled to get such benefit of regularisation as Full-time Sweeper and

Scavenger in the respective School with all monetary benefits with Full-time scale of pay including arrears of pay. These benefits shall be conferred on these writ petitioners by the appellant Department within a period of two months from the date of receipt of a copy of this order.

(ii) Since the post has to be converted into Full-time Sweeper and Scavenger, the necessary orders shall be passed by the Government, therefore, proposal immediately be send by the Directorate of School Education to the Government and the Government on receipt of the proposal from the Directorate shall immediately pass necessary orders as indicated above by converting the post into Fulltime one within a period of two months thereafter. (iii) On receipt of such conversion order, the needful as indicated above to extend the benefits shall be extended to all these petitioners thereafter within a period of two months.

19. With all these directions and the modifications as indicated above, this Writ Appeal is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed."

3. Since the connected writ appeal arising out of the very same common order already disposed by a Coordinate Bench of this Court on 21.01.2025, the present appeal is disposed of in the same lines. In view of the same, this writ appeal is disposed of with the following orders. (i) The order impugned is sustained, however with the modification that the benefit which has been directed to be extended to the writ petitioner/first respondent herein by the orders in the writ petition which is impugned herein shall be extended to her on completion of ten years period from the date of her initial appointment which according to the writ petitioner she completes by 08.01.2005. Therefore, from 08.01.2005, the writ petitioner is entitled to get such benefit of regularisation as Full-time Sweeper in the second respondent School with all monetary benefits with Fulltime scale of pay including arrears of pay. These benefits shall be conferred on the writ petitioner by the appellant Department within a period of two months from the date of receipt of a copy of this order.

(ii) Since the post has to be converted into Full-time Sweeper, the necessary orders shall be passed by the Government,

therefore, proposal immediately be sent by the Directorate of School Education to the Government and the Government on receipt of the proposal from the Directorate shall immediately pass necessary orders as indicated above by converting the post into Full-time one within a period of two months thereafter. (iii) On receipt of such conversion order, the needful as indicated above to extend the benefits shall be extended to the petitioner thereafter within a period of two months.

4. With the above directions, this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (V.L.N.,J.) 04-12-2025 Index: Yes/No Speaking/Non-speaking order KST

To

1. The Principal Chief Secretary to Government School Education Department, Fort St. George,Secretariat, Chennai-9.

2. The Commissioner School Education, College Road, Chennai- 6.

3. The Chief Educational Officer Ranipet District, Ranipet.

4. The District Educational Officer Ranipet District, Ranipet -632 005.

R.SURESH KUMAR J.

AND V.LAKSHMINARAYANAN J.

KST AND CMP NO. 28319 OF 2025 04-12-2025