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Madras High CourtWP/18114/2015disposed of

G.Arjunan v. The State Of Tamilnadu

2015-06-24Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.18114 of 2015 and M.P.No.1 of 2015.

G.Arjunan ... Petitioner -Versus1.The State of Tamil Nadu, Rep. By its Secretary to Government, School Education Department, Secretariat, Chennai 600009.

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

3.The District Educational Officer, Erode District, Erode.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of Writ of Mandamus, directing the respondents to regularize his service with effect from the date of completion of ten years of service as done in the case of all other petitioners in W.P.No.29412 of 2010 dated 23.12.2010 with all monetary and service benefits or in the light of the order in Rev. Appln. No.281 of 2014 in W.P.No.13162 of 2013 dated 08.12.2014 and G.O.Ms.No.653 dated 07.08.2009 and G.O.Ms.No.385 dated 01.10.2010. For petitioner : Ms.M.Srividhya For Respondents : Mrs.M.E.Rani Selvam, Additional Government Pleader

ORDER

The petitioner has been working as a part-time scavenger in an aided High School viz., Mahajana High School at Erode from 01.07.1993 onwards. He claims that he has completed ten years of service and as such, according to him, he is entitled for regularisation of service and also for time scale of pay on par with other part-time sweepers and scavengers as per G.O.Ms.No.653 dated 07.08.2009 and G.O.Ms.No.385 dated 01.10.2010 and also in the light of the order dated 23.12.2010 passed by this court in W.P.No.29412 of 2010 [K.Palanisamy and 73 others v. The State and 3 https://hcservices.ecourts.gov.in/hcservices/

others]. In this regard, he has made several representations to the authorities concerned, but, all such efforts went in vain. Hence , he has come forward with this writ petition.

2. Though the writ petition is for a larger relief, the learned counsel for the petitioner during the course of arguments submitted that the petitioner would be satisfied if an appropriate direction is issued to the respondents to consider the request of the petitioner for regularisation of service and for time scale of pay on par with others as per the light of the Government Orders and in the light of the order of this court referred to above.

3. The learned Additional Government Pleader appearing for the respondents would submit that the claim of the petitioner would be considered by the respondents in accordance with law and in the light of the order of this court referred to above within a time frame to be fixed by this court.

4. Considering the limited scope of the prayer and taking into consideration of the fact that the representation of the petitioner is pending, without going into the merits of the case, the 1st respondent is directed to consider the representation of the petitioner dated 15.04.2015 in accordance with law and in the light of the Government Orders and the order of this court referred to above and pass orders within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is, accordingly, disposed of. No costs. Consequently, connected MP is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kmk To 1.The Secretary to Government, School Education Department, Secretariat, Chennai 600009.

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

3.The District Educational Officer, Erode District, Erode. +1cc to M/s. M. Srividya, Advocate, S.R.No.31187 +1cc to the Government Pleader, S.R.No.31313 RSK(CO) EU(06/07/2015) W.P.No.18114 of 2015 https://hcservices.ecourts.gov.in/hcservices/