The Secretary To Government, v. A.Sampath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 8.3.2018

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.VELMURUGAN W.A No.2502 of 2012 & MP.NO.1 OF 2012 1.The Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of Public Libraries, Anna Salai, Chennai - 600 002.

3.The District Library Officer, Collectorate Compound, Villupuram - 605 602.

...Appellants / Respondents Vs S.Sampath

...Respondent / Petitioner

Prayer:- Writ Appeal filed under clause 15 of Letters Patent, against the order made in W.P.No.20383 of 2012 dated 30.7.2012. Writ petition has been filed under article 226 of the Constitution of India to issue a writ of mandamus directing respondents to regularize the services of the petitioner from the date of completion of 10 years of service from his date of initial appointment on 23.9.1987 with all monetary and other consequential service benefits including the arrears of pay in the revised scale For Appellants : Mr.K.Karthikeyan Government Advocate (Education) For Respondent : R.Prem Narayanan

J U D G M E N T

(made by K.K. SASIDHARAN, J.) The Mandamus issued by the learned Single Judge to the appellants to regularise the services of the respondent on completion of 10 years of service from the date of his initial appointment is under challenge in this intra court appeal.

2. The challenge is mainly on the ground that the government order relied on by the learned single Judge is not applicable to Part Time employees.

3. The learned Government Advocate by producing a copy of the judgment dated 10 July 2014, in W.A.Nos.2911 of 2012 etc., batch, submitted that the issue is covered by the said judgment. According to the learned Government Advocate, the Division Bench set aside the orders passed by the learned single Judges of this Court directing regularisation of Part Time employees.

4. Heard the learned counsel for the respondent.

5. The learned single Judge by placing reliance on the Government Order in G.O.Ms.No.22 P & AR Department, dated 28 February, 2006 directed regularisation of the services of the respondent. The respondent was working as Part Time Sweeper. The learned single Judge extended the benefits of the Government Order to the respondent. When similar issue came up before the Division Bench in W.A.Nos.2911 of 2012 etc., batch, the Division Bench allowed the appeals filed by the Government and set aside the direction issued by the learned single Judges of this Court for regularisation of Part Time employees.

6. The issue raised in this intra court appeal is squarely covered by the judgment dated 10 July, 2014 in W.A.Nos.2911 of 2012 and etc., batch.

7. The intra court appeal filed by the State is allowed by following the judgment dated 10 July, 2014 in W.A.Nos.2911 of 2012 and etc., batch. No costs. Consequently, connected miscellaneous is closed.

tar Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To 1.The Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of Public Libraries, Anna Salai, Chennai - 600 002.

3.The District Library Officer, Collectorate Compound, Villupuram - 605 602.

+1CC to MR.R.PREM NARAYAN Advocate SR.NO.17998 +1CC to Mr.Govt Pleader SR.NO.18458 W.A No.2502 of 2012 SKS[CO] MK:26/03/2018