K. Velavan v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24518 of 2015 K.Velavan
...Petitioner
Vs.
1 The Principal Secretary to Government Education Department Fort St.
Goerge Chennai - 9.
2 The Director of School Education DPI Campound Nungambakkam Chennai-6.
3 The District Elementary Educational Officer Gandhi Nagar Thiruvannamalai.
4 The Addl. Asst. Elementary Educational Officer-II O/o.Asst. Elementary Educational Office Polur Thiruvannamalai District.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioner proposal sent by the 2nd respondent as per the communication of Chief Minister Special Cell Petition No.2015/ 816736/EC dated 04.02.2015 to regularize forthwith his services of the petitioner in the post of Secondary Grade Teacher with effect from the date of joining namely 10.11.1999 granting all the applicable increments and pay the difference in pay upto date.
For Petitioner :
Mr.P.Murali For Respondents :
Mr.R.Vijayakumar Additional Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The petitioner would state that his father late J.Kuppusamy was working as a Secondary Grade Teacher at Primary School, Poongollaimedu, Polur Block which is a Government institution and he died in harness on 02.05.1989. The petitioner was given appointment on compassionate ground as Secondary Grade Teacher vide proceedings of the second respondent dated 10.11.1999 and his grievance is, no orders have been passed for regularisation of his service inspite of the long years of service and in this regard, he submitted a representation dated 30.04.2007 and it was not processed for the reason that the his father's Service Book has been mis-placed.
Thereafter, the petitioner has submitted a representation to the Hon'ble Chief Minister's Cell and since he has not been favoured with any kind of response, came forward to file this writ petition. 3.Heard the submissions of Mr.P.Murali, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents.
4.Though the petitioner prayed for a larger relief, this Court in the light of the facts and circumstances, permits the petitioner to submit one more representation to the first respondent within a period of two weeks from the date of receipt of a copy of this order and the first respondent on receipt of the same, shall take into consideration the proposal sent by the Director of the Elementary Education on the basis of the proceedings of the District Elementary Educational Officer, Thiruvannamalai in Na.Ka.No.3246/A1/2009 dated 19.07.2010 and pass orders on merits and in accordance with law within a period of eight weeks thereafter and communicate the decision taken, to the petitioner.
5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar pri To 1 The Principal Secretary to Government Education Department Fort St.
Goerge Chennai - 9.
2 The Director of School Education DPI Campound Nungambakkam Chennai-6.
3 The District Elementary Educational Officer Gandhi Nagar Thiruvannamalai.
4 The Addl. Asst. Elementary Educational Officer-II O/o.Asst. Elementary Educational Office Polur Thiruvannamalai District.
1 CC to Mr.P.Murali, Advocate SR.No. 41297 1 CC to the Government Pleader, SR.No. 42022 W.P.No.24518 of 2015 VD (CO) PSI (26.08.2015)