R.Kandasamy v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN R.Kandasamy ... Petitioner Vs.
1.State of Tamil Nadu, rep. by its Secretary, School Education Department, Fort St. George, Chennai. 600 009.
2.The Director of Elementary Education, Nungambakkam, Chennai. 600 006.
3.The Chief Educational Officer, O/o. the Chief Educational Office, Collectorate Campus, Karur, Karur District.
4.The District Educational Officer, O/o. the District Educational Office, Karur, Karur District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in NA.KA.No.021373/E3/2024 Dated 11.12.2024 on the file of the 2nd respondent herein, quash the same and consequently, direct the respondents to regularize the service of the petitioner as secondary grade assistant with effect from 03.01.2002 and monetary benefits only from 1/6
20.07.2024 forthwith within a time limit to be specified by this Court. For Petitioner : Mr.P.Ganesan For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader
O R D E R
The instant writ petition has been filed with a prayer for issuing a Certiorarified Mandamus, calling for the records relating to the proceedings in NA.KA.No.021373/E3/2024, dated 11.12.2024 on the file of the 2nd respondent herein, quash the same and consequently, direct the respondents to regularize the service of the petitioner as secondary grade assistant with effect from 03.01.2002 and monetary benefits only from 20.07.2024 forthwith within a time limit to be specified by this Court.
2. The learned counsel for the petitioner would submit that the petitioner is entitled for regularisation since 03.01.2002. It is the further submission of the petitioner that in the writ petitions in W.P.(MD).Nos.5870, 5871 and 5872 of 2019, this Court vide order dated 13.03.2019, has given relief to the petitioner's colleagues and in pursuance thereof, the 4th 2/6
respondent has passed an order on 24.03.2020 in Na.Ka.No.2855/A3/2019.
3. At this juncture, the learned Special Government Pleader appearing for the respondents would submit that in W.P.(MD).Nos.5870, 5871 and 5872 of 2019, the similarly placed persons were given relief as sought for by the petitioners therein and in pursuance of the above order, the proceedings were also issued in favour of one Rama.
4. In view of the above such submission, this Court is of the firm view that the impugned proceedings has not taken into consideration of the order passed in W.P.(MD).Nos.5870, 5871 and 5872 of 2019 and the consequential proceedings in favour of one Rama.
5. In such view of the matter, this Court finds discrimination in respect of the petitioner. Hence, the impugned order in Na.Ka.No.021373/E3/2024, dated 11.12.2024 is quashed.
6. In view of the same, the petitioner is directed to give fresh 3/6
representation before the respondents, within a period of two weeks from the date of receipt of copy of this order. On receipt of such representation, the respondents are directed to consider and pass orders upon the petitioner's representation in line with the order passed by this Court in W.P.(MD).Nos.5870, 5871 and 5872 of 2019, dated 13.03.2019, within a period of six weeks thereafter.
7. With the above directions, the Writ Petition is allowed. No costs. 17.06.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6
To 1.The Secretary, State of Tamil Nadu, School Education Department, Fort St. George, Chennai. 600 009.
2.The Director of Elementary Education, Nungambakkam, Chennai. 600 006.
3.The Chief Educational Officer, O/o. the Chief Educational Office, Collectorate Campus, Karur, Karur District.
4.The District Educational Officer, O/o. the District Educational Office, Karur, Karur District.
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C.KUMARAPPAN, J.
dm 17.06.2025 6/6