M.Suseelamma v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.13600 of 2013 M.Suseelamma .. Petitioner

Versus

1. The State of Tamilnadu represented by its Secretary to Government, School Education Department, Secretariat, Chennai 600 009.

2. The Director of Elementary Education College Road, Chennai 600 006.

3. The District Elementary Education Officer, Krishnagiri District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a writ of mandamus or any other appropriate writ or order or direction in the nature of a writ directing the first respondent to relax the TTC qualification in respect of the petitioner and to regularise the services of the petitioner in time scale of pay as it was done in the case of similarly placed persons in GO Ms.No.1529 Education Department dated 28.09.1988 and in GO Ms.No.1310 dated 14.08.87 by considering the proposals sent by the second respondent dated 12.04.2002, 25.06.2003, 12.02.2007, 20.02.2009 and 03.09.2010 sent by the second respondent in the light of the orders in WP No.4812/2008 dated 08.09.2008.

For Petitioner : Mr.S.Selvathirumurugan For Respondents : Mrs.M.E.Raniselvam, Addl.Govt.Pleader

O R D E R

The prayer in the writ petition is for writ of mandamus or any other appropriate writ or order or direction in the nature of a writ directing the first respondent to relax the TTC qualification in respect of the petitioner and to regularise the services of the petitioner in time scale of pay as it was done in the case of similarly placed persons in GO Ms.No.1529 Education Department dated 28.09.1988 and in GO Ms.No.1310 dated

14.08.87 by considering the proposals sent by the second respondent dated 12.04.2002, 25.06.2003, 12.02.2007, 20.02.2009 and 03.09.2010 sent by the second respondent's in the light of the orders in WP No.4812/2008 dated 08.09.2008.

2. By an order dated 03.06.2013 passed by this Court, the first respondent was directed to pass orders on the second respondent's proposal dated 03.09.2010 in the light of the order dated 08.09.2008 passed in W.P.No.4812 of 2008, with a direction to list this matter today (10.11.2016) for reporting compliance.

3. The learned counsel appearing for the petitioner would submit that in compliance of the direction of this Court, G.O.Ms.No.158/9/10/14 was passed. The learned counsel would further submit that the said G.O. is under challenge in W.P.No.2645 of 2015 which is pending before this Court.

4. Mrs.M.E.Raniselvam, learned Additional Government Pleader appearing for the respondents would submit that the said order dated 03.06.2013 has been complied with.

5. With regard to the challenge to the aforesaid G.O., W.P.No.2645 of 2015 is concerned, it is totally a different cause of action and in as far as this writ petition is concerned, the prayer sought for here, has already been complied with. Hence no further orders are required in the present writ petition. Under such circumstances, this writ petition is closed. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar dpq To

1. The Secretary to Government State of Tamilnadu School Education Department, Secretariat, Chennai 600 009.

2. The Director of Elementary Education College Road, Chennai 600 006.

3. The District Elementary Education Officer, Krishnagiri District.

1 cc to Mr.S. Selvathirumurugan, Advocate, Sr. 64588 1 cc to Government Pleader, Sr. 64912 W.P.No.13600 of 2013 GJII (CO) kk 7/12