R.Ashokan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN R.Asokan ... Petitioner Vs.
1.The State of Tamil Nadu, Rep.by its Principal Secretary to Government Adi Dravidar and Tribal Welfare Department, Fort St. George, Secretariat, Chennai 600 009.
2.The Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai 600 005.
3.The District Adi Dravidar Welfare Officer, Ranipet District, Ranipet.
4.The Headmaster, Government ADW Boys Higher Secondary School, Arokkonam Ranipet District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pass orders granting regularization in the post of Double Part Time Vocational Instructor from the date of appointment on 26.07.1989 instead of 09.02.2007 on par with similarly placed Thiru.Mohamed Yunis and others as directed by 1/6
the Tribunal in the orders passed in O.A.No.7264 of 1998 dated 07.05.2002 and subsequent orders, based on the proposal submitted by the 4th respondent in Na.Ka.No.170/2021 dated 26.10.2021 in pursuant to the Proceedings issued by the 2nd respondent in Na.Ka.No.A2/20843/2018 dated 24.05.2022 and the last communication submitted by the 4th respondent in Na.Ka.No.90/2024 dated 06.03.2024 with all consequential and other attendant service benefits including payment of applicable interest for delay in payment as well as for delay in payment of retirement benefits, within a time frame to be fixed by this Court.
For Petitioner : Mr.J.Jayamalan For Respondents : Mr.R.Sasikumar Government Advocate
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to pass orders granting regularization in the post of Double Part Time Vocational Instructor from the date of appointment on 26.07.1989 instead of 09.02.2007 on par with similarly placed Thiru.Mohamed Yunis and others as directed by the Tribunal in the orders passed in O.A.No.7264 of 1998 dated 07.05.2002 and subsequent 2/6
orders, based on the proposal submitted by the 4th respondent in Na.Ka.No.170/2021 dated 26.10.2021 in pursuant to the Proceedings issued by the 2nd respondent in Na.Ka.No.A2/20843/2018 dated 24.05.2022 and the last communication submitted by the 4th respondent in Na.Ka.No.90/2024 dated 06.03.2024 with all consequential and other attendant service benefits including payment of applicable interest for delay in payment as well as for delay in payment of retirement benefits, within a time frame to be fixed by this Court.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. The learned counsel for the petitioner would submit that the petitioner was initially appointed as Double Part Time Vocational Instructor in the 4th Respondent-School on 26.07.1989 and thereafter, the 4th respondent-School has submitted a representation before the Chief Educational Officer, Vellore for approval of his appointment and the Chief Educational Officer, Vellore, vide Proceedings dated 12.10.2002 approved his appointment from the date of his initial appointment. It is the submission 3/6
of the petitioner that the petitioner has to be regularised from the date of his initial appointment as the similarly placed persons have already been regularised from the date their initial appointment. In this connection, the petitioner has submitted a representation to the respondents seeking regularisation from the date of his initial appointment. Thereafter, the 2nd respondent has called for particulars from the 4th respondent-School vide Proceedings dated 23.02.2024 and the same was duly submitted by the Headmaster of the 4th respondent-School to the Office of the 2nd respondent vide Proposal dated 06.03.2024. However, the same was not considered by the 2nd respondent till date. Hence, the present writ petition has been filed.
5. At this juncture, the learned Government Advocate appearing for the respondents would submit that the 4th respondent-School has already forwarded the proposal in this regard to the 2nd respondent on 06.03.2024 and the same is pending with the 2nd respondent.
6. Since the proposal of the 4th respondent is pending before the 2nd respondent, without going into the merits of the writ petition, this Court would like to direct the 2nd respondent to consider the above proposal, within a reasonable time.
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7. In such view of the matter, the 2nd respondent is directed to consider the proposal of the 4th respondent dated 06.03.2024 and pass orders, on its own merit and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.
8. With the above direction, the Writ Petition is disposed of. No costs. 17.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm To 1.The Principal Secretary to Government State of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Fort St. George, Secretariat, Chennai 600 009. 2.The Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai 600 005.
3.The District Adi Dravidar Welfare Officer, Ranipet District, Ranipet.
4.The Headmaster, Government ADW Boys Higher Secondary School, Arokkonam, Ranipet District.
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C.KUMARAPPAN, J.
dm 17.07.2025 6/6