Madras High CourtWP/2229/2016disposed of

Mr.A.P.Vimal v. The State Of Tamil Nadu

2016-01-22Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.2229 of 2015 Mr.A.P.Vimal ... Petitioner Vs.

The State of Tamil Nadu Rep. by Secretary to Government School Education Department Fort St. George Chennai - 600 009.

The Director of School Education College Road, Chennai - 600 006.

The Joint Director (Vocational), Education College Road, Chennai - 600 006.

Chief Educational Officer Vellore District.

The District Educational Officer Vellore District.

The Head Master Government Boys Higher Secondary School Thimiri - 632 512, Vellore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents in particular the second respondent, before whom the petitioner's application dated 18.09.2015 is pending consideration and absorb the petitioner as a full-time vocational instructor grade - II as per the G.O.(MS).No. 35 dated 09.02.2007.

For Petitioner : Mr.M.Venkateswaran For Respondents : Mr. N.Roofus Abraham Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal. The prayer in this Writ Petition is to direct the second respondent to absorb the petitioner as a full-time vocational instructor grade - II as per the G.O.(MS).No. 35 dated 09.02.2007.

According to the petitioner, he was appointed as Vocational Instructor General Machinist Teacher at Government Boys Higher Secondary School, Thimiri by the Parents Teachers Association (PTA) on 06.01.2000.

The Government issued G.O.Ms.No. 35 dated 09.02.2007 to regularise the teachers, who were appointed by Parents Teachers Association has full time Vocational Instructors Grade -II. Pursuant to the notification, the sixth respondent forward the particulars of the petitioner to the third respondent. Thereafter the petitioner made a representations dated 31.08.2008, 08.02.2008 and 18.09.2015 requesting the respondents 2 and 3 to extend the benefit under the Government Order.

4. The petitioner would state that he is entitled to be regularised as per the Government Order and he is having another two years to attain the age of superannuation. Since the application was not considered, the present Writ Petition has been filed.

5. This Court heard the submissions Mr. N.Roofus Abraham, learned Government Advocate, who accepts notice on behalf of the respondents.

This Court, considering the limited prayer sought for in the Writ Petition and without going into merits, directs the second respondent to consider the application of the petitioner dated 18.09.2015 on merits and in accordance with law 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 by him, to the petitioner herein.

The Writ Petition is disposed of accordingly. No costs.

vsg Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.

The Secretary to Government School Education Department The State of Tamil Nadu Fort St. George Chennai - 600 009.