A.R.Sathyaraman v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.R.Sathyaraman, Junior Assistant, Government High School, Giddampatti, Krishnagiri Taluk, Krishnagiri District.

.. Petitioner Vs.

1.The Secretary to Government, Education Department, Fort St. George, Chennai - 600 009.

2.The Joint Director, (Personnel) DPI Campus, Chennai - 600 006.

3.The Chief Educational Officer, Krishnagiri.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to regularize the services of the petitioner in the post of Junior Assistant with effect from his date of appointment and also declare his probation and grant him with service and monetary benefits from the date of his initial appointment.

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For petitioner :

Mrs.Dhakshayini Reddy Senior Counsel for Ms.S.S.Suneetha For Respondents :

Mrs.E.Ranganayaki Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to regularize the services of the petitioner in the post of Junior Assistant with effect from the date of his appointment and also to declare his probation and grant him service and monetary benefits.

2.Heard the learned Senior Counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.The case of the petitioner is that the petitioner was appointed as Junior Assistant with effect from 06.08.1990 on compassionate grounds due to the death of his father who was working as Tamil Teacher in the Government Girls High School, Krishnagiri. After his appointment, the 2/6

petitioner on several occasions had given proposal for regularization and declaration of his probation and it was also forwarded to the Government. Due to some administrative delay, no Government Order was issued regularizing the services of the petitioner and his probation was also not declared.

4.In the year 2016, the District Educational Officer, Krishnagiri, by virtue of G.O.Ms.No.80 dated 02.03.2016 regularized the services of the petitioner. This was done without the probation being declared and the petitioner also did not get any attendant benefits. This is in view of the fact that the petitioner was not sent to Bhavanisagar Training for the purposes of declaration of probation.

5.The grievance of the petitioner is that he has put in nearly 35 years of services and inspite of the same, the probation has not been declared and consequentially, the services of the petitioner has not been properly regularized in the post of Junior Assistant. It is under these circumstances, the present writ petition has been filed before this Court seeking for appropriate directions.

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6.Taking into consideration the facts and circumstances of the case and the nature of grievance expressed by the petitioner, there shall be a direction to the petitioner to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order. A copy of the same shall also be marked to the respondents 2 & 3. On receipt of the same, the 1st respondent is directed to deal with the representation made by the petitioner on its own merits and in accordance with law and pass orders within a period of eight (8) weeks from the date of receipt of the fresh representation from the petitioner. 7.This Writ Petition is disposed of with the above directions. No costs.

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To 1.The Secretary to Government, Education Department, Fort St. George, Chennai - 600 009.

2.The Joint Director, (Personnel) DPI Campus, Chennai - 600 006.

3.The Chief Educational Officer, Krishnagiri.

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N.ANAND VENKATESH, J.

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