K. Kannagi, v. State Rep Its Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.08.2015 Coram The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.26521 of 2015 K.Kannagi ... Petitioner -Vs1. State rep. its Secretary to Government, School Education Department, Fort St.George, Chennai-9.
2. The Director of Public Libraries, Office of the Directorate of Public Libraries, Anna Salai, Chennai-2.
3. The District Library Officer, Office of the District Library Office, Dharmapuri, Dharmapuri District ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to consider the representation dated 05.08.2015 made by the petitioner for the appointment as a Village Librarian in special time scale of pay in the light of the order issued in G.O.(1D). No.164, School Education Department dated 27.05.2015 and to confer all the consequential benefits. For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr. N.Srinivasan Additional Government Pleader.
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioner was appointed as part-time librarian on 22.02.1991 and thereafter, he passed the Higher Secondary School and also completed Certificate Course in Library and Information Science
(CLIS) during May, 2006 in first class. It is further stated by the petitioner that as per G.O.Ms.(1D), 99, School Education (K1) Department dated 18.08.1997, a person who has completed 5 years of service as part time Librarian is eligible for appointment as Village Librarian without sponsoring his/her name through employment exchange. Thereafter, the Government has issued G.O.Ms.No.243 School Education (K1) Department dated 27.11.2006 regularising the service of the part time/ rural librarian who were employed for more than 5 years as Grade III Librarian. The petitioner would further state that in similar facts and circumstances, the persons similarly placed like that of the petitioner have filed writ petitions before the Madurai Bench of this Court in W.P.(MD).Nos.
13642 to 13647 of 2011 and 1155 of 2012 praying for regularisation of their service of Village Librarians by absorbing them in any one of the existing vacancy and this Court, by order dated 30.03.2012, directed the Government to consider their request and pass appropriate orders and in compliance of the same, the School Education Department vide G.O.(1D), No.164 dated 27.05.2015 had regularised their service. This Court, in the order dated 15.07.2015 made in W.P.No.21262/2015 has also ordered regularising the service of one P.Rajendran. The petitioner in this regard, submitted a representation dated 05.08.2015 to the second respondent praying for regularising the service and since no orders have been passed, he came forward to file this writ petition.
3. Heard, the learned counsel for the petitioner and Mr.M.Srinivsan, learned Additional Government Pleader who appears on behalf of the respondents.
4. This Court, considering the limited scope of the prayer sought for and without going into the merits of the case, directs the second respondent to consider and dispose of the petitioner's representation dated 05.08.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
vsi To
1. The Secretary to Government, School Education Department, Fort St.George, Chennai-9.
2. The Director of Public Libraries, Office of the Directorate of Public Libraries, Anna Salai, Chennai-2.
3. The District Library Officer, Office of the District Library Office, Dharmapuri, Dharmapuri District +1 cc to Mr.K.Gandhikumar,Advocate(sr.45057) +1 cc to Government Pleader, (sr.45381) W.P.No.26521 of 2015 pur(co) cp 07/09/2015