A.Lakshmi, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 01.12.2016 Pronounced on : 16.02.2017
CORAM:
THE HON'BLE MR.JUSTICE M.S.RAMESH A.Lakshmi .. Petitioner in W.P.No.19707/2013 R.Vellaiyammal .. Petitioner in W.P.No.19708/2013 Balammal .. Petitioner in W.P.No.19709/2013 Vs.
1.The Principal Secretary to Government, 2.The Director, 3.The District Educational Officer, DEO Office, Thiruvarur District. .. Respondents in all WPs Prayer in all WPs: Writ petitions filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to provide appointment to the petitioner(s) as sweeper in view of G.O.(Nilai) No.47 dated 02.03.2012 issued by the first respondent.
For Petitioner in all WP : Mr.P.Vijendran For Respondents in all WPs: Mr.K.Venkataramani, Addl. Advocate General, Assisted by Mr.R.Govindasamy Spl. Govt. Pleader and Mrs.M.E.Raniselvam, Addl. Govt. Pleader
COMMON ORDER The common grievance of all the petitioners in these writ petitions is one and the same. The petitioners had sought for direction to the respondents to appoint them as Sweepers, in pursuant to G.O.Ms.No.47 dated 02.03.2013 issued by the first respondent.
2.According to the petitioners, the first respondent had issued G.O.Ms.No.47, dated 02.03.2012 to fill up the vacancies for the post of Sweepers and non-teaching staff in the School Education Department. The petitioners had applied for the post of Sweepers and pursuant to which, certificate verification was also held. The petitioners claimed that though they had seniority in their registrations under the employment exchanges, they were not selected. Hence, the present writ petition is filed.
3.Today, when the batch of writ petitions in W.P.No.20730 of 2012 etc., came up for hearing, the petitioners therein, who were appointed on ad hoc basis sought regularisation of their services, since the respondents had overlooked their candidatures and sought appointment of 5000 sweepers and non teaching staff under G.O.Ms.No.47 dated 02.03.2012. 4.When the wrti petitions came to be disposed of, the petitioners therein were directed to be regularised. In the said order, I had taken cognizance of the fact that there were 5000 night watchmen and 780 sweeper posts which were yet to be filled up under the vacancies created in G.O.Ms.No.47, dated 02.03.2012.
5.The petitioners in the present writ petitions are not ad hoc appointees, but only sought for fresh appointment. In view of the specific stand taken by the respondents in the aforesaid batch of writ petitions indicating the vacancies available for the post of sweepers, it would be appropriate that the respondents may re-consider the petitioner's request afresh. 6.Under such circumstances, the petitioners are granted liberty to make a fresh representation to the respondents requesting for appointment as sweepers and on receipt of the same, the first respondent shall pass orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
7.With the above observations, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To
1. The Principal Secretary to Government,
2. The Director,
3. The District Educational Officer, DEO Office, Thiruvarur District.
NOCA(CO) RS(24/02/2017) Pre-delivery common order in ..02.2017
M.S.RAMESH, J kal To 1.The Principal Secretary to Government, 2.The Director, 3.The District Educational Officer, DEO Office, Thiruvarur District.