S.Gomathi, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2025 CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN and M.P.Nos.1 to 3 of 2014 S.Gomathi, W/o.P.Baskara Sedhupathi ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2.Teachers Recruitment Board, Represented by its Member Secretary, 4th Floor, EVK Sampath Maaligai, DPI Compound College Road, Chennai - 600 006.
3.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to G.O.Ms.No.130 dated 05.09.2014 issued by the 1st respondent and 1/6
consequent notification / advertisement issued by the 2nd respondent Teachers Recruitment Board in advertisement No.07/2014 dated 13.10.2014 and quash the same and consequently direct the respondents herein to appoint the petitioner based on her employment office seniority on preferential basis. For Petitioner : No appearance For Respondents :
For R1 and R3 : Mr.S.Prabhakaran Government Advocate For R2 : Mr.R.Siddharth Standing Counsel
ORDER
There is no representation on behalf of the petitioner.
2. Though on the previous occasion also, a counsel appeared on behalf of the petitioner and requested time for filing fresh vakalat. However, there is no representation on behalf of the petitioner either in person or through a counsel, who had appeared on the previous occasion.
3. In this case, the petitioner was employed as a Computer Instructor through Electronics Corporation of Tamil Nadu (ELCOT) and it has been stated in the affidavit that she was working for more than 10 years. 2/6
4. It is the case of the petitioner that the Impugned Notification in G.O.(Ms.) No.130, School Education (SE2(2)) Department dated 05.09.2014 issued by the 1st respondent and the consequential recruitment notification issued by the 2nd respondent invited applications to the post of Computer Instructors under the Special Rules for Tamil Nadu Higher Secondary Educational Service (Municipal and Township Schools) for standard 11th and 12th in High Schools be quashed as the benefit is being conferred only to those Computer Operators / Computer Instructors employed in School and not to those persons who have worked in other Government Department like ELCOT.
5. It is noticed that the Impugned Government Order in G.O.Ms.No.130 School Education (SE2(2)) Department dated 05.09.2014 has been issued pursuant to the order of this Court in W.A.No.1307 of 2013 dated 18.09.2013 and the decisions of the Hon'ble Supreme Court in Civil Appeal No.3342 of 2014 dated 07.03.2014 and in I.A.Nos.1-9 in petitions for Special Leave to Appeal Civil 12014 CC.No.3288-3297 of 2014.
6. In case the petitioner wanted similar benefit, therefore, it was open for the petitioner to send a representation to the 1st respondent for considering the 3/6
plight of persons like the petitioner for being appointed permanently like the Computer Operators / Computer Instructors whose services were to be recognized pursuant to directions of this Court and to hold special examinations.
7. It is not open for the petitioner to question the benefits which are being conferred to those who were to avail the benefit of G.O.(Ms.) No.130, School Education (SE2(2)) Department dated 05.09.2014.
8. As such, no merits in the present Writ Petition to entertain the same.
9. Therefore, this Writ Petition is liable to be dismissed and is accordingly dismissed. No costs. Connected Miscellaneous Petitions are closed.
19.02.2025 arb 4/6
To:
1.The Principal Secretary to Government, Government of Tamil Nadu, School Education Department, Secretariat, Chennai - 600 009.
2.The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound College Road, Chennai - 600 006.
3.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
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C.SARAVANAN, J.
arb and M.P.Nos.1 to 3 of 2014 19.02.2025 6/6