S.Rajaveni v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.21711 of 2015 and M.P.No.1 of 2015
1. Tmt.S.Rajaveni
2. Tmt.T.Rani
3. Tmt.A.Rajammal
4. Tmt.J.Kasturi
5. Tmt.P.Kasiyammal
6. Tmt.K.Rani
7. Tmt.S.Muniyammal
8. Tmt.M.Malar
9. Mr.Krishnan 10.Tmt.K.Vijaya 11.Tmt.S.Manjula 12.Tmt.K.Sarathambal 13.Tmt.Malliga 14.Tmt.R.Govindammal 15.Tmt.Saroja 16.Tmt.K.Lakshmi 17.Ms.R.Abirami ... Petitioners -Versus1. The State of Tamil Nadu, Rep. By its Secretary to Government, School Education Department, Secretariat, Chennai 600 009.
2. The District Collector, Panchayat Development Wing,
3. The Block Development Officer [Village Panchayats], Tellar,
4. The Assistant Elementary Educational Officer, Tellar, ... 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 consider the individual representations of the petitioner dated 10.06.2015 with regard to regularisation of their services in the post of Sweeper by appointing them in Special Time Scale of Pay as per the Government Order in G.O.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010 with all consequential benefits.
For petitioner : Mr.J.Muthukumaran For respondents : Mr.S.Gunasekaran, GA for R1, R2 and R4 Mr.S.V.Durao Solaimalai, AGP for R3
ORDER
Seeking to issue a mandamus directing the respondents to consider the request of the petitioners for regularisation of their services in the post of Sweeper by appointing them on special time scale of pay, the petitioners are now before this court with this writ petition.
2. The case of the petitioners is that they were all appointed as Sweepers in the Panchayat Union Schools as detailed herein below:- Sl.
Name of the Individual Working at Date of Entry No.
S.Rajaveni Panchayat Union Middle School, Kandavarati Village, Thellar Block, T.Rani Panchayat Union Middle Elementary School, Gengampoondi, A.Rajammal Panchayat Union Elementary School, Thirumanithangal, J.Kasturi Panchayat Union Elementary School, Vadavanakkampadi, P.Kasiyammal Panchayat Union Primary School, Melpathi 604 505.
K.Rani Panchayat Union Middle School,Thankkadarayapuram, S.Muniyammal Panchayat Union Elementary School, Perumbakkam, M.Malar Panchayat Union Elementary School, Pancharai, Tellar Panchayat, Desur, Krishnan Panchayat Union Elementary School, Korakottai, K.Vijaya Panchayat Union Elementary School, Thenkarai, S.Manjula Panchayat Union Elementary School, Thenthinalur, Thellar Union, K.Sarathambal Panchayat Union Elementary School, Rayanandal, Malliga Thellar Panchayat Union Elementary School, Ariyanpoondi, R.Govindammal Panchayat Union Middle School, Kilveliyur, Thellar, Tiruvannamalai District.
Mrs.Saroja Panchayat Union Elementary School, Molapattu, K.Lakshmi Panchayat Union Elementary School, Paruvathampoondi, R.Abirami Panchayat Union Elementary School, Sidharukayur, The only grievance of the petitioner is that they are not paid salary at the scale of pay applicable to the part-time employees as per G.O.Ms.No.385, Finance (Pay Cell) Department dated
01.10.2010 and G.O.Ms.No.653, Home Department, dated 07.08.2009 and in the light of the order of this court in W.P.No.29412 of 2010 [K.Palanisamy and 73 others v. The State and 3 others]
3. I have heard the submissions made on either side and also perused the records carefully.
4. Considering the limited scope of the prayer and the facts and circumstances of the case, without going into the merits of the claim of the petitioners, this court permits the petitioners to make fresh a fresh representation individually to the 1st respondent requesting time scale of pay as provided under Government Orders and the order of this court referred to above and on receipt of such representations, the 1st respondent shall consider the same on merits and in accordance with law and pass orders thereon in the light of the Government Orders and the order of this court referred to above 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(CS IV) //True Copy// kmk Sub Assistant Registrar To 1.The Secretary to Government, School Education Department, Secretariat, Chennai 600 009.
2.The District Collector, Panchayat Development Wing, 3.The Block Development Officer [Village Panchayats], Tellar, Tiruvannamalai District.
4.The Assistant Elementary Educational Officer, Tellar, Tiruvannamalai District.
+1cc to Mr.J.Muthu Kumar, Advocate, S.R.No.36791 +1cc to the Government Pleader, S.R.No.37009 W.P.No.21711 of 2015 KM(CO) CA(13/08/2015)