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Madras High CourtWP/2706/2016disposed of

Tmt.P.Andal v. The State Of Tamil Nadu

2016-01-27Honourable Mr Justice K. Kalyanasundaram5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.2706 of 2016 and WMP.No.2259 of 2016

1. P.Andal

2. Vijiya

3. Muniammal

4. Kanchana

5. Kala

6. Ambika

7. Muniyammal

8. M.Muniyammal

9. Thayar 10.Rajammal 11.Sundari 12.Senthilkumar 13.Salima Banu 14.Samikannu 15.T.Muniyammal 16.Sagundala 17.Ellammal 18.M.Aruna 19.P.Poongavanam 20.K.Mononmani 21.Dhanasekari 22.S.Kalaiselvi ... Petitioners - Vs - 1.The State of TamilNadu Represented by Secretary to Government School Education Department Secretariat, Chennai-9.

2.The District Collector, Panchayat Development Wing 3.The Block Development Officer (village panchayat) Tellar, Tiruvannamalai District

4.The Assistant Elementary Educational Officer Tellar, Tiruvannamalai District.

5.The Director of Elementary Education DPI Complex, Egmore,Chennai.

(suo-motu impleaded) ... Respondents (Vide order of Court dated 27.01.2016) Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents to consider the claims of the petitioners for regularisation in the post of sweeper by appointing them on Special time scale of pay as per the Government Order No.385, Finance (pay cell) Department dated 01.10.2010 with all consequential benefits.

For Petitioners : Mr.Muthukumaran For Respondents : Mr.S.Gunasekaran, Government Advocate for R1, 2, 4 & 5 Mr.R.Govindasamy, Additional Government Pleader for R3

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2.The case of the petitioners is that they were all appointed as sweepers in the Panchayat Union Schools as detailed herein below :

1.

P.Andal Paduri-604 406, 2.

Vijiya Panchayat Union Elementary Senal Post, Vandavasi Taluk, Desur (via), 3.

Muniammal Panchayat Union Elementary, Paduvanakkampadi, Vandavasi,

4.

Kanchana Panchayat Union Elementary, Thunaiyampattu colony, Vandavasi Taluk, Tiruvannamalai District 5.

Kala Panchayat Union Elementary, Theiyar Village, Tellar Post, Vandavasi Taluk, Tiruvannamalai District 6.

Ambika Panchayat Union Middle School, Sathiyavadi Post via Thellar, Vandavasi Taluk, 7.

Muniayammal Sathiyavadi, Kattukarani, Vandavasi Taluk, Tiruvannamalai District 8.

M.Muniammal Eripattu, Elangadu Post, Vandavasi Taluk, Tiruvannamalai District 9.

Thayar Panchayat Union Elementary, Kilvillivanam, Thellar, Vandavasi Taluk, Tiruvannamalai District

10. Rajammal Sammanpattu-604 406, Vandavasi Taluk,Tiruvannamalai District

11. T.Sundari Panchayat Union Elementary, School, Narasingapuram, Kilvillivanam, Thellar Union, 408,

12. Senthilkumar Panchayat Union Elementary School, Vadakupattul, Tiruvannamalai District

13. Salimabanu Palavankarani. Kilvillivanam Post,

14. G.Samikannu Nadukuppam, Tellar union, Tiruvannamalai District.

15. T.Muniyammal Panchayat Union Elementary School, Achamangalam-604501,

16. Sagunthala Panchayat Elementary School, Oorkudi604505, Tiruvannamalai District

17. K.ellammal Vayalamur Post,

18. M.Arjuna Kothandapuram-604502, Tiruvannamalai

19. P.Poongavana m Mettukudisai 604502, Tiruvannamalai

20. K.Mononmani Teiyar Post, Tellar union 604406,

21. Dhanasekari Mesanallur, Tiruvannamalai District

22. Kalaiselvi Tirumalpadi 604505, Tiruvannamalai 3.According to the petitioners, they were initially appointed as sweeper by the first respondent and as per the Government Order issued in GO.Ms.No.385 Finance (paycell) Department dated 01.10.2010 and GO.Ms.No.653, Home Department, dated 07.08.2009 and in the light of the order of this Court in WP.No.29412 of 2010 (K.Palanisamy and 73 others V. The State and three others).

4.This Court during the course of arguments suo-moto impleaded the Director of Elementary Education, DPI Complex, Egmore, Chennai as fifth respondent in this writ petition. 5.Heard the submissions of Mr.Muthukumaran, learned counsel appearing for the petitioners and Mr.S.Gunasekaran, learned Government Advocate appearing for respondents 1, 2, 4 and 5 and Mr.R.Govindasamy, learned Additional Government Pleader appearing for third respondent who accepts notice on behalf of the respondents.

6.The learned Government Advocate and the learned Additional Government Pleader appearing for the respondents would be fair enough to submit that the representation given by the petitioners would be considered by the respondents within a time frame to be specified by this Court. The said statement is recorded.

7.Considering the limited scope of the prayer and the facts and circumstances of the case, without going into the merits of the claim of the petitioners, this Court permits the petitioners to make fresh representation individually to the fifth respondent requesting time scale of pay as provided under the Government Orders and enclosing the order of this Court referred to above and on receipt of such representations, the fifth respondent shall consider the same on merits and in accordance with law and pass orders thereon in the light of the Government Orders and the order of this Court referred to above within a period of eight weeks from the date of receipt of a copy of this order.

8.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// tsh Sub Assistant Registrar To 1.The Secretary to Government State of TamilNadu School Education Department Secretariat, Chennai-9.

2.The District Collector, Panchayat Development Wing 3.The Block Development Officer (village panchayat) Tellar, Tiruvannamalai District 4.The Assistant Elementary Educational Officer Tellar, Tiruvannamalai District.

5.The Director of Elementary Education DPI Complex, Egmore,Chennai.

(suo-motu impleaded) +1cc to Mr.Muthukumaran, Advocate, S.R.No.4603 +1cc to the Government Pleader, S.R.No.5079 W.P.No.2706 of 2016 KGK(CO) CA(10/03/2016)