Higher Secondary School v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2016
CORAM
THE HON'BLE MR. JUSTICE M.S. RAMESH W.P.No.14518 of 2013 M.P.No. 1 of 2013 High Secondary School Computer Teacher's Association, represented by its President T.Selvakumar, S/o. A.Thulasi Jalanthar, No.99/4, Mariamman Koil Street, Serndamaram, Sankarankoil Taluk, Tirunelveli District.
...Petitioner
Vs.
1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3. The Joint Director (Vocational), School Education Department, DPI Campus, College Road, Chennai - 600 006.
...Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to Directing the first respondent herein to consider the representation of the Petitioner Association dated 30.01.2013 and reminder representation dated 06.03.2013 pursuant to the order of the Honourable Supreme Court of India in SLP No.1408/2013 dated 28.01.2013 in the light of G.O.Ms.No.124, Personnel and Administrative Reforms (P) Department dated 12.09.2009 and G.O.Ms.No.113, Cooperative Food and Consumer Protection (CL2) Department, dated 03.09.2012 and G.O.Ms.No.433 Personnel and Administrative Reforms (PC) Department dated 14.12.1993 and G.O.Ms.No.22, Personnel and Administrative Reforms Department, dated 28.02.2006 and consequently regularize the services of the petitioner within a time frame to be fixed by this Hon'ble Court.
For Petitioner : Mr.Dakshayani Reddy For Respondents: Mr.R.Govindasamy Special Government Pleader.
O R D E R
The limited prayer sought for in this writ petitioner is for a direction to the first respondent to consider the petitioner's representation dated 30.01.2013.
2. According to the learned counsel for the petitioner, in G.O.Ms.No.124, dated 12.09.2009 and G.O.Ms.No.113, dated 03.09.2012, the Government had regularized the service of the employees taking into account their long tenure of service with the Government, without reference to the special test which were conducted in respect of the service candidates, who failed to clear the special test. In the light of the said G.Os., the petitioner had given a representation to the first respondent on 30.01.2013 and reminder on 06.03.2013. Since, no orders have been passed on their representation, the petitioner is before this Court.
3. In view of the limited prayer sought for by the petitioner and without going into the merits of the case of the petitioner, there shall be a direction to the first respondent to consider the petitioner's representation dated 30.01.2013, in the light of the G.O.Ms.No.124, dated 12.09.2009 and G.O.Ms.No.113, dated 03.09.2012, and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this Order.
4.With the above observations, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
To
1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3. The Joint Director (Vocational), School Education Department, DPI Campus, College Road, Chennai - 600 006.
+1cc to the Government Pleader Sr.66144 W.P.No.14518 of 2013 M.P.No. 1 of 2013 cp[co] srg 16/12/2016