E.Anand v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.
No.19225 of 2020 and W.M.P.No.23812 of 2020 1.E.Anand 2.S.Madhusudhanan 3.C.Anand 4.P.Rajan 5.P.Sivakumar 6.S.Dharmalingam 7.K.Sivakumar 8.C.Viswanathan 9.N.Ramalingam 10.K.Shivakumar 11.H.M.Shankar Ganesh 12.D.Dharmaraj 13.C.Sasikumar 14.E.R.Shanthi 15.N.Mohan 16.V.Leela 17.N.M.Eswaran 18.L.Vijayakumar 19.K.Balamurugan 20.B.Subramani ... Petitioners Vs.
1.Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St.George, Chennai - 600 009.
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2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai 600 006.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to regularise the services of the petitioners from their initial date of appointments till 01.06.2006 with all consequential monetary and service benefits.
For Petitioner : Mr.S.Mohanavadivelan For Respondents : Mr.P.Sanjai Gandhi, Govt. Advocate
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the first respondent to regularise the services of the petitioners from their initial date of appointments till 01.06.2006 with all consequential monetary and service benefits.
2. No representation for the petitioner. Heard Mr.P.Sanjai Gandhi, learned Government Advocate for the respondents. Page No.2 of 6
3. The learned Government Advocate for the respondents submitted that similar petition has already been filed by some similarly placed persons in W.P.No.4991 of 2015 and that has been allowed on 30.07.2009. However, the respondent taken it on appeal by preferring a Writ Appeal No.3904 of 2019 and in which, an order has been passed on 13.01.2020 to the following effect:
a.........."6. The learned Single Judge has allowed the writ petition, directing the appellants herein to regularise the services of hte respondents / writ petitioners from the date of entry into service for the purpose of seniority and extend all monetary benefits following thereof. The learned counsel for the respondents / writ petitioners concedes that the portion of the order which directs payment of monetary benefits from the date of appointment may be deleted. The learned counsel agrees that the seniority of the writ petitioners be reckoned from the date of initial appointment and monetary benefits be given from the date of regularisation, i.e., from 01.06.2006. In view of the submission made, the Writ Appeal is allowed in part to the extent mentioned above. No costs. Consequently, C.M.P.No.24538 of 2019 is closed." Page No.3 of 6
4. Since the petitioners have also claimed the same relief of regularisation from their initial date of appointment till 01.06.2006 and the said relief has already been rejected in a Writ Petition filed by a similarly placed person, the matter does not deserve to be considered any further.
5. In the result, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 20.11.2023 Index : Yes Internet : Yes/No gsk Page No.4 of 6
To 1.The Secretary, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai 600 006.
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R.N.MANJULA , J.
gsk W.P.No.19225 of 2020 and W.M.P.No.23812 of 2020 20.11.2023 Page No.6 of 6