K.Padmini v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 15.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.33038/2015 1.K.Padmini 2.J.Jeyakumar 3.N.Rajam 4.T.Ida 5.P.David Sunder Raj 6.N.Vijila 7.M.Sivakumar 8.M.Kanaka Raj 9.L.Selvam 10.T.Merlin Mecktalin 11.S.Tharmeswari 12.Y.Sheela Kumari 13.T.Sulojana Bai 14.M.Jeya 15.M.Kumari Pushpalatha ..
Petitioners
Versus
1.The State of Tamil Nadu, Rep by its Secretary, School Education Department, Fort.St.George, Chennai - 600 009.
2.The Director of School Education, D.P.I.Campus, College Road, Nungambakkam, Chennai - 600 006.
3.The District Collector-cum-Chairman, Continuing Education Scheme, Kanyakumari District, Kanyakumari.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of Mandamus directing the Respondents 1 and 2 to forthwith consider and pass orders on the representation of the petitioners dated 13.07.2015 for giving preference to the petitioners in the appointment to the lower cadre posts such as Laboratory Assistants, Office Assistants, etc. in future by taking into account the fact that they are serving in various Non-formal Education Schemes for about twenty years.
For Petitioners : Mr.K.Selvaraj For Respondents : Mr.V.Subbiah, Spl.GP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioners would state that all of them were appointed by the 3rd respondent for the purpose of carrying out "Arivoli Iyakkam" [Continuing Education Programme / Scheme] in the year 1993 and claim to have been working continuously in the said scheme between 1993 and 1998 and they were once again appointed in the year 2003 were continuously working in the said scheme as Co-ordinator, Block Co-ordinator, Assistant Coordinator etc., respectively. The petitioners were entrusted with the job of educating the uneducated persons from the age of 15 to 35 in villages in the non-formal education scheme so as to enable them to read and write the mother tongue and all of them are employed on full time basis to carry out the said scheme. The grievance expressed by the petitioners is that though they have been continuously working for so many years, their services have not been regularised and in this regard, they submitted a representation dated 13.07.2015 to the respondents 1 to 3 and since no orders have been passed, they came forward to file this writ petition.
Learned counsel for the petitioners has drawn the attention of this Court to the order dated 14.07.2015 made in WP.No.20949/2015 and would submit that in similar facts and circumstances, this Court has issued directions to the 1st respondent therein to consider and dispose of the representation of the petitioners therein and taking into account, their long years of service and pass appropriate orders and since the petitioners herein are similarly placed, prays that similar order could be passed.
Heard the submissions of Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.
Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 1st respondent to consider and dispose of the petitioners' representation dated 13.07.2015 on merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.
The writ petition is disposed of accordingly. No costs.
Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar AP To 1.The Secretary, The State of Tamil Nadu, School Education Department, Fort.St.George, Chennai - 600 009.
2.The Director of School Education, D.P.I.Campus, College Road, Nungambakkam, Chennai - 600 006.
3.The District Collector-cum-Chairman, Continuing Education Scheme, Kanyakumari District, Kanyakumari.
+1 cc to Mr.K.Selvaraj, Advocate, sr.57082 +1 cc to Government Pleader, sr.57501 W.P.No.33038/2015 km co kra 04/11/2015