K.Thenmozhi, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.32320 of 2015 And M.P.No.1 of 2015 K.Thenmozhi ... Petitioner Vs.
1 The State of Tamil Nadu Rep by the Principal Secretary to Government Department of Education Fort St.George Chennai-600 009.
2 The District Education Officer Vellore Vellore District.
3 The Head Master Govt. Boys Higher Secondary School Thimiri Arcot Taluk Vellore District.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent herein to regularize the appointment of the petitioner as full time sweeper w.e.f. 26.07.1994 with back wages continuity of service and all attendant benefits.
For Petitioner : Mr.S.Arunkumar For Respondents : Mr.V.Subbiah Special Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioner would state that she has studied upto 8th standard and working as full time Sweeper in the services of the third respondent School for the past 21 years and from 01.12.2012, she is working as an Office Attender in the very same School and inspite of
putting long years of full time service, her services have not been regularised so far and hence, came forward to file this writ petition.
3. Mr.S.Arunkumar, learned counsel appearing for the petitioner would submit that in similar facts and circumstances, this Court vide orders dated 04.04.2013 and 10.12.2013 respectively, made in W.P.Nos.26037 of 2012 and 31991 of 2012, has directed the Secretary to Government, Department of Education, to regularise the services of the petitioners therein and confer with them all consequential benefits and since the petitioner is similarly placed, she may be extended the very same benefits as that of the petitioners in the above stated writ petitions and prays for appropriate orders.
4. This Court also heard the submissions of Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.
5. Though the petitioner prayed for the larger relief, this Court in the light of the above facts and circumstances, directs the second respondent to consider and dispose of the petitioner's representation dated 14.04.2015 on merits and in accordance with law after taking note of the above stated orders as well as the Government Order in G.O.Ms.No.179, School Education Department (R1) Department, dated 13.07.2012 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.
6. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed. pri Sd/- Assistant Registrar (CS-III) /True Copy/ Sub-Assistant Registrar To 1 The State of Tamil Nadu Rep by the Principal Secretary to Government Department of Education Fort St.George Chennai-600 009.
2 The District Education Officer Vellore Vellore District.
3 The Head Master Govt. Boys Higher Secondary School Thimiri Arcot Taluk Vellore District.
+1 C.C. To MR.S.Arunkumar, Advocate in SR.NO.55148 +1 C.C. To Government Pleader in SR.NO.55990 W.P.No.32320 of 2015 And M.P.No.1 of 2015 UG(CO) sd : 29/10/2015