C.Vijayakumar v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.Vijayakumar ... Petitioner

Versus

1.The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ, direction or order in the nature of a Writ, directing the respondents to consider the petitioner's representation dated 26.02.2021 and consequently directing them to regularize my service from initial date of my appointment on 12.07.2004 to 01.06.2006 and to provide all consequential monetary and service benefits.

For Petitioner :

Mr.E.Kannadasan For Respondents :

Mr.S.Rajesh, Government Advocate ***** Page No.1 of 5

ORDER

This Writ Petition has been filed to direct the respondents to consider the petitioner's representation, dated 26.02.2021 and consequently direct them to regularize the service from initial date of my appointment on 12.07.2004 to 01.06.2006 and to provide all consequential monetary and service benefits.

2.The grievance of the Writ Petitioner is that he was originally appointed to the post of B.T Assistant on temporary basis during the year 2003-2004. In order to regularize the service from the initial date of appointment and to provide consequential monetary and service benefits, the petitioner has given a representation, dated 26.02.2021 to the respondents, however, the same has not been considered. Hence, seeks direction of this Court.

3.On perusal of the records, it is seen that earlier, this Court in W.P.No.4991 of 2016, dated 30.07.2019 (T.Kunju Krishnan and others Versus Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St.George, Chennai-600 009) gave direction Page No.2 of 5

to regularize the service of the persons therein from the date of entry into the service for the purpose of seniority and extend all the monetary benefits flowing thereof, if any. Citing the same order, dated 30.07.2019, this Court again in W.P.No.27923 of 2019 gave direction for regularization of service from the date of entry into the service for the purpose of seniority and extend all the monetary benefits flowing thereof, if any. On the strength of the same, the present Writ Petition has been filed. 4.Considering the facts and circumstances of the case and the issue is squarely covered by the decision of this Court in W.P.No.4991 of 2016, dated 30.07.2019 (T.Kunju Krishnan and others Versus Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St.George, Chennai-600 009), the respondents shall consider the representation of the petitioner, dated 26.02.2021 in the light of the said decision and pass orders on merits, within a period of three months from the date of receipt of a copy of this order.

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5.With the above direction, this Writ Petition is disposed of. No costs.

26.07.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

Page No.4 of 5

N.SATHISH KUMAR , J.

vv2 26.07.2023 Page No.5 of 5