C.Thangaraj v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP.Nos.22587 to 22589 of 2015 MP.Nos.1,1 and 1 of 2015 and WMP.Nos.22333 to 22335 of 2016 1.C.Thangaraj PetitionerWP.22587/15 2.A.N.Kondamma PetitionerWP.22588/15 3.E.Gnanaprakasam PetitionerWP.22589/15 Vs 1.The Government of Tamil Nadu by Additional Chief Secretary to Government Education Department, Fort St.George, Chennai-9 2.The Director of Collegiate Education, Chennai-6 ..Respondents 1&2 in all WPs.
3.The Regional Joint Director of Collegiate Education Trichy Region, Trichy 620 002.
..3rd Respondent in W.P.22587/2015
4. The Principal Queen Mary's Collete, Mylapore Chennai 600 004.
..3rd Respondent in WP.NO.22588/2015
5. The Principal, Thirumagal Government Arts College, Gudiyatham Taluk, Vellore District.
..3rd Respondent in W.P.22589/2015 Prayer:- These Writ Petitions are filed uner ARticle 226 of the contitution of India to issue a Writ of Certiorarified Mandamus to call for the records in GO.Ms.No.92 School Education Department, dated 6.6.2012 of the 1st Respondent and in Na.Ka.No.9318/B4/2011, dated 11.12.2012 in So far as the petitiner is concerned and to quash the same and to direct the Respondents to regularise the service of the Petitioners in the post of Scavanger (Toilet Cleaner)Sweeper and Sweeper
respectively and Sweeper from the date of their initial appointment with all consequential service and monetary benefits within a time to be specified by this Court. For Petitioner :
Mr.S.Mani in all WPs.
For Respondents :
Mr.K.Dhanjayan, AGP in all WPs.
ORDER
Though the above miscellaneous petitions to fix an early date to dispose of the main Writ Petition are listed today, by consent of the learned counsel on either side, the main Writ Petitions are taken up for final disposal.
2. These Writ Petitions are filed to issue a Writ of Certiorarified Mandamus to call for the records in GO.Ms.No.92 School Education Department, dated 6.6.2012 of the 1st Respondent and in Na.Ka.No.9318/B4/2011, dated 11.12.2012 and to quash the same and to direct the Respondents to regularise the service of the Petitioners in the post of Scavanger (Toilet Cleaner) and Sweeper from the date of their initial appointment with all consequential service and monetary benefits within a time frame.
3. This court heard the learned counsel on either side and considered their submissions and also perused the materials placed on record.
4. It is brought to the notice of this court by the learned counsel on either side that the issue involved in these Writ Petitions is squarely covered by the decision of this court dated 19.9.2014, made in WP.No.7884 of 2013, wherein GO.Ms.No.92 , dated 6.6.2012 and the consequential proceedings in Na.Ka.9318/P4/1011, dated 11.12.2012, which are impugned in these Writ Petitions, were the subject matters. It is reported by the learned counsel for the Petitioners that now the similarly placed persons have got the benefits on the basis of the above said order of this court and hence, the Petitioners herein may also be granted with the same relief within a time frame to be fixed by this court.
5. Since the issue in the present Writ Petitions and the above said Writ Petitions are one and the same,
following the order of this court dated 19.9.2014, made in WP.No.7884 of 2013, this court is inclined to pass similar orders in the present Writ Petitions also. Accordingly, these Writ Petitions are allowed in terms of the order dated 19.9.2014 made in WP.No.7884 of 2013. The orders in terms of the said order dated 19.9.2014 shall be passed within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected MPs are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Srcm To:
1.The Additional Chief Secretary to Government of Tamil Nadu, Education Department, Fort St.George, Chennai-9 2.The Director of Collegiate Education, Chennai-6 3.The Regional Joint Director of Collegiate Education O/o. The Regional Joint Director of Collegiate Education, Trichy Region, Trichy 620 002.
4. The Principal Queen Mary's Collete, Mylapore Chennai 600 004.
5. The Principal, Thirumagal Government Arts College, Gudiyatham Taluk, Vellore District.
+ 6 ccs to Mr.S.Mani, Advocate Sr.50048, 50612 to 50614 + 1 cc to the Government Pleader Sr.50300 WP.Nos.22587 to 22589 of 2015 GR(CO) Eu 05.10.16