K.Kolkilambal v. The Directorate Of School
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.02.2017
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.No.3423/2017 & WMP.No.3408/2017 K.Kokilambal ..Petitioner
Versus
1.The Directorate of School Education, College Road, Nungambakkam Chennai.
2.The Chief Educational Officer Tiruvarur District, Tiruvarur.
3.The District Educational Officer Tiruvarur District, Tiruvarur.
4.The Headmaster Pudur High School, Tirunellikaval Tiruvarur District.
..Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider the petitioner's representation dated 01.09.2016 for regularization of her services as sweeper with the 4th respondent with other benefits within a reasonable time that may be fixed by this Court, pending disposal of the above writ petition. For Petitioner :
Mr.K.Muruganantham For RR 1 to 4 :
Mr.K.Dhananjayan, Spl.GP
ORDER
By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents.
The petitioner claims that she is working as a Part Time Sweeper in Pudur Government High School, Tirunellikaval Post, Tiruvarur Taluk and District for the past 25 years and was earning a monthly salary of Rs.950/-. The grievance expressed by the petitioner is that despite long years of service rendered by her, her service is yet to be regularised and as such, she is
also not conferred with the benefit of the time scale of pay. The petitioner, in this regard, has also submitted a representation dated 01.09.2016 to the respondents praying for her regularization and other consequential benefits and though the said representation was received and acknowledged, so far no orders have been passed and hence, the petitioner came forward to file this writ petition.
The learned counsel for the petitioner would submit that though the petitioner had put in uninterrupted service for very many years, her services are yet to be regularised and she is to be conferred with all consequential benefits and prays for appropriate orders.
Per contra, Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents would submit that admittedly, the petitioner is a Part Time employee/worker and as such, she is not entitled to get regularization as a matter of right and prays for dismissal of this writ petition. This Court has considered the rival submissions and also perused the typed set of documents.
Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in her representation or in this writ petition, directs the 3rd respondent to consider and dispose of the petitioner's representation dated 01.09.2016 on merits and in accordance with law and pass appropriate orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP
To 1.The Directorate of School Education, College Road, Nungambakkam Chennai.
2.The Chief Educational Officer Tiruvarur District, Tiruvarur.
3.The District Educational Officer Tiruvarur District, Tiruvarur.
4.The Headmaster Pudur High School, Tirunellikaval Tiruvarur District.
+ 1 cc to Government Pleader Sr.9697 WP.No.3423/2017 PVS(CO) EU 2.03.17