M.Udhayakumar v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN M.Udhayakumar ... Petitioner Vs.
1.
State of Tamil Nadu, represented by the Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
The Director of School Education, Chennai - 600 008.
The Chief Educational Officer, Nagapattinam.
The District Educational Officer, Nagapattinam.
The Head Master, Govt.Model Higher Secondary School, Thopputhurai, Nagapattinam - 614 809.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, to direct the respondents 1 to 4 to decide the representation of the petitioner dated 16.12.2024 made through his lawyer on merits and in accordance with law within a reasonable time as may be fixed by this Court.
For Petitioner : Mr.M.Radhakrishnan For Respondents : Mr.S.Mythreye Chandru Special Government Pleader for R1 to R5
ORDER
The writ petition has been filed to direct the respondents 1 to 4 to consider the petitioner's representation dated 16.12.2024, on merits and in accordance with law.
The case of the petitioner is that, he was working in the 5th respondent School for the past about 13 years. According to him, when he joined in the service, the post of 'Office Assistant' was vacant. As such, it is the submission of the petitioner that he has been serving for the past 13 years as Office Assistant in a sanctioned post. Therefore, he has sent a representation dated 16.12.2024, for regularisation and such representation is pending with the respondents 1 to 4. Hence the instant writ petition has been filed seeking for a mandamus.
Learned Special Government Pleader who takes notice for the respondents would strenuously object the contention of the learned Counsel for the petitioner that the petitioner was not appointed in a sanctioned post and his appointment was not in accordance with Service Rules and not in regular mode. Therefore, he is not eligible to be considered for regularisation. However, he would fairly submit that they would consider the petitioner's representation within a reasonable time.
Heard both sides and perused the materials available on record. In view of the above submission of the learned Special Government Pleader, this Court without going into the merits of the matter, deems it appropriate to direct the respondents 1 to 4 to consider the petitioner's representation dated 16.12.2024, and pass orders on it's own merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
In the result, the Writ Petition stands disposed of with the above direction. No costs.
13.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
State of Tamil Nadu, represented by the Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
The Director of School Education, Chennai - 600 008.
The Chief Educational Officer, Nagapattinam.
The District Educational Officer, Nagapattinam.
The Head Master, Govt.Model Higher Secondary School, Thopputhurai, Nagapattinam - 614 809.
C.KUMARAPPAN, J.
veda 13.06.2025