V.A.Swarnalatha v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34339 of 2015 and M.P.No.1 of 2015 1.V.A.Swarnalatha 2.S.Solomanraj 3.C.Ganesan 4.P.Anutha 5.S.Janaki 6.U.Balamurugan 7.P.Meena 8.K.Sudalaimuthu 9.S.Sundari 10.L.Dhakshinamoorthy 11.A.Kalaivani 12.R.Kanagavel 13.M.Kanagaraj 14.M.Paramasivan 15.P.Revathi 16.U.Emarajan 17.V.O.A.Sulthan Ali Ahmed Khan 18.S.Uma Maheswari 19.R.Raju 20.S.Kader Feroz Khan 21.S.Sivalingam 22.K.Lakshmi 23.D.Vanitha 24.G.Jeyaraj 25.J.Lordwin 26.G.Subbulakshmi 27.M.Menaga 28.G.Mallika 29.M.Sumathi 30.M.Kasthuribai 31.S.Selvi 32.R.Jothirajamani 33.S.Jeyanthi 34.R.Kaviyarasi
35.R.Sangeetha 36.M.Sabari 37.R.Guruvammal 38.C.Arundoss 39.C.Leema Rose 40.A.Ajitha Kumari 41.S.Sunitha 42.P.Anitha 43.V.Jenila 44.R.Valarmathi 45.P.S.Ganthimathy 46.S.Kanimozhi 47.G.Mageswari 48.I.Sasirekha 49.P.Ethayavendan 50.V.Thamaraiselvi 51.A.Sethumadavan 52.M.Vivekandhan 53.G.R.Kavitha 54.M.Samiha 55.V.Malarvizhi 56.P.Mageswaran 57.K.Mukesh Babu 58.M.Bagavathi 59.S.Amuthavalli 60.M.Aliyar Sahib 61.K.Selvi 62.B.Muthukumar 63.S.Sujatha 64.D.Sumathi 65.M.R.Rajeswaree 66.R.Rakkammal 67.R.Kokilavani 68.S.Murugeswari 69.K.Kalaiselvi 70.R.Murugaraj 71.M.Arumugam 72.K.Muthiah 73.N.Ashok Kumar 74.S.Velmurugan 75.S.Jebagnanam 76.K.Esther Soniya 77.M.Saraswathi 78.M.Chithra 79.N.Subasankari 80.S.Hepziba Inbamani
81.U.Anitha 82.K.Thirumal 83.C.Logaraja 84.N.Krishnaveni 85.L.Sangeetha 86.M.V.Srikala 87.K.C.Mathaiyan 88.N.Gopinath 89.P.Indirani 90.K.Saakkan 91.P.Sala ... Petitioners Vs.
1. Union of India Represented by its Secretary to Government, Human Resources Development Department of School Education & Literacy, Shastri Bhavan, New Delhi - 110 115.
2. The Secretary to Government, Education Department, Fort St.George, Chennai-600 009.
3. The Director of School Education, College Road, Chennai-600 006.
4. The State Project Director, Sarva Shiksha Abhiyan, Chennai-600 006.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to regularize the petitioners service for the post of Accountant, Data Entry Operator and MIS Co - Ordinator.
For Petitioner : Mr.S.Ilamvaludhi For Respondents : Mr.Su.Srinivasan for R1 Assistant Solicitor General : Mr.S.Gunasekaran for R2 to R4 Government Advocate
O R D E R
By consent the writ petition is taken up for final disposal. 2.The petitioners claim that all of them were appointed as Accountant, Data Entry Operator and Management Information System Co - Ordinators and further claims that they were appointed through Employment Exchange and they are working right from the year 2011 without any break. It is also the claim of the petitioners that they were appointed in permanent post, and as such by virtue of long years of service, they are entitled to be regularised and in this regard, their association has submitted a representation dated 05.01.2015 to the fourth respondent and since no orders have been passed, came forward to file this writ petition.
3.The learned counsel appearing for the petitioners would submit that since the petitioner had put in long and continuous years of dedicated and blemishless service, and further that their requirement is also permanent and perenial in nature, they are entitled to be regularised and prays for appropriate orders. 4.Per contra, Mr.Su.Srinivasan, learned Assistant Solicitor General who accepts notice on behalf of the first respondent and Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents 2 to 4 had invited the attention of this Court to the appointment orders issued to the petitioners and would submit that even in terms of the orders of appointment, it has been clearly indicated that their services are purely temporary and they are not entitled to get regularisation as a matter of right and they are also likely to be terminated without any notice and the request made by one of them has also been rejected by the fourth respondent vide proceedings dated 07.07.2014 and prays for dismissal of the writ petition.
5.In response to the said submission, the learned counsel appearing for the petitioners would submit that the proceedings relates to enhancement of consolidated pay and fixation of the said pay and it has nothing to do with the regularisation. 6.This Court has considered the rival submissions and also perused the materials placed before it.
7.Though the petitioners prayed for the larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, permits the Tamil Nadu Education Department Employees Association (Registration No.512/2013) to give one more representation praying for regularisation of the services of their members, within a period of two weeks from the date of receipt of a copy of this order to the fourth respondent, who on receipt of the same, is directed to consider and dispose of the said representation on merits and in accordance with law within a further period of eight weeks thereafter and communicate the decision taken, to the said Association.
8.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(CS VI) //True Copy// pri Sub Assistant Registrar To
1. The Secretary to Government, Human Resources Development Department of School Education & Literacy, Shastri Bhavan, New Delhi - 110 115.
2. The Secretary to Government, Education Department, Fort St.George, Chennai-600 009.
3. The Director of School Education, College Road, Chennai-600 006.
4. The State Project Director, Sarva Shiksha Abhiyan, Chennai-600 006.
+1cc to Mr.S.Ilamvaludhi, Advocate, S.R.No.58685 +1cc to the Government Pleader, S.R.No.58826 W.P.No.34339of 2015 and M.P.No.1 of 2015 SV(CO) CA(06/11/2015)