R.Gubendran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.23811 of 2019

1. R.Gubendran

2. Savundammal

3. S.Shanthi

4. P.Sankar

5. K.Lingusamy

6. A.Chandran

7. P.Murugan

8. P.Valliammal

9. P.Palani 10.S.Boopalan

11. A.Suresh

12. P.Jothimani

13. R.Annamalai

14. G.Kannan

15. R.Ammasai

16. S.Teekaraman

17. T.Samundeesawari

18. G.Mani

19. S.Selvam ... Petitioners Vs.

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Department of Education, St. George Fort, Chennai.

2. The Director of School Education, O/o. The Director of School Education, Nungambakkam, Chennai ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to regularise the service of the petitioner with effect from the date of completion of 10 years of service with all monetary and service benefits. For Petitioner : Mrs. S.Esairani Narasimman For Respondent : Mrs.P.Kavitha Government Advocate for R1 & R2 1/5

O R D E R

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.

The case of the petitioners is that they were engaged as daily wage basis in the Government Schools from elementary level to higher secondary level and they were paid by the Parent Teacher's Association Fund. Though, the petitioners have completed 10 years of service, their services were not regularized and therefore, they made a representation dated 27.02.2019 to the respondents seeking for regularization of service and to extend them all service benefits. Since no response is forthcoming from the respondents, the petitioners are constrained to file this writ petition.

3.

The learned counsel for the petitioners submitted that this Court has granted relief to the persons, who were similarly situated like that of petitioners in WP No.15596 f 2013. The learned counsel for the petitioner further submitted that it would suffice, if a direction is issued to the respondent to consider the representation of the petitioners dated 27.02.2019 and pass orders, within a stipulated time fixed by this Court. 4.

Heard both sides.

5.

Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the respondents 1 to 2 to consider the petitioner's representation dated 27.02.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Asst.Registrar (Insp cell ) /true copy/ Sub Asst. Registrar rka 2/5

To

1. The Secretary to Government The State of Tamil Nadu, Department of Education, St. George Fort, Chennai.

2. The Director of School Education, O/o. The Director of School Education, Nungambakkam, Chennai +10 cc to Mr.S.Esairani Narasimman Advocate sr91747 +1 cc to Government Pleader sr92490 W.P.No.23811 of 2019 aa25/11/2019 3/5