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Madras High CourtWP/34910/2016disposed of

S.Kumaresan v. The State Of Tamil Nadu

2016-10-03Honourable Mr Justice R.Subbiah5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.34910 to 34912 of 2016 1.S.Kumaresan ... Petitioner in W.P.34910/2016 2.A.Susaimary ... Petitioner in W.P.34911/2016 3.R.Mythili ... Petitioner in W.P.34912/2016 Vs 1.The State of Tamil Nadu rep. by Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-600 009.

...Respondents 1 to 3 in

WP.NO.39410; 39411/2016 2.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

3.The District Elementary Educational Officer, Tiruvallur District, Tiruvallur.

4.The Additional Assistant Elementary Educational Officer, Kadambathur Union, Tiruvallur District. ... R4 in WP.39410; 39411/2016 5.The Assistant Electricity Educational Officer Ikkadu Thiruvallur District ...R4 in WP.No.39412/2016 PRAYER: Writ Petitions have bee filed under Article 226 of the Constitution of India praying seeking issuance of a Writ of Mandamus, to direct the respondents to pass orders for bringing the petitioner into regular time scale of pay in the post of Full Time Craft Instructor from the date of initial appointment for the period till 16.11.1996, as ordered for all other similarly placed persons appointed

subsequently, by considering the proposal forwarded by the 3rd respondent in Na.Ka.No.829/Aa5/2012, dated 13.09.2012 as well as the representation submitted by the petitioner dated 13.07.2016 with all consequential and other attendant benefits, within a time frame to be fixed by this Court.

For Petitioner :

Mr.G.Sankaran in all Writ Petitions For Respondents :

Mr.S.Gunasekaran, AGP in all Writ petitions * * * * * COMMON ORDER The present writ petitions have been filed by the petitioner, praying for issuance of a Writ of Mandamus, to direct the respondents to pass orders for brining the petitioner into regular time scale of pay in the post of Full Time Craft Instructor from the date of initial appointment till 16.11.1996, as ordered for all other similarly placed persons appointed subsequently, by considering the proposal forwarded by the 3rd respondent in Na.Ka.No.829/Aa5/2012, dated 13.09.2012 as well as the representation submitted by the petitioner dated 13.07.2016, with all consequential and other attendant benefits, within a time frame.

2.In the affidavit filed in support of the writ petitions it has been averred by the petitioners as follows_ The petitioners were initially appointed as Craft Instructors through Employment Exchange during the year 1989 and 1990. Though they were appointed through Employment Exchange, the appointment was made on consolidated pay. Whereas within a period of three months, the same authority issued order of appointment in favour of number of persons appointed through Employment Exchange in the regular time scale of pay. The fact remains that one Thiru.V.K.Selvam was appointed by the 3rd respondent herein, on 29.03.1990 with regular time scale of pay. Further, the appointments of the the petitioners as well as the said Thiru.V.K.Selvam were made by referring the same Government Order.

Hence, the petitioners made representation to the respondents seeking to regularize their services with time scale of pay from the date of their initial appointment. In this regard, the Government has also issued orders in G.O.Ms.No.1367, School Education Department, dated 05.09.1986, accepting the recommendations of One Man Commission for conversion of Part Time Craft Instructor into Full Time Teachers, stage by stage every year and the same to be continued until all Part Time Craft Instructors are fully converted within a reasonable time.

Consequently, when an Original Application was filed before the Tamil Nadu Administrative Tribunal by the Tamil Nadu Craft education Teachers Association in O.A.No.1288 of 1990, the Tribunal passed orders on 24.10.19991 directing the respondentGovernment to bring the Part Time Craft Instructors into Full Time Craft Instructors, with regular time scale of pay and in the meantime, there should be no fresh recruitment of Full Time Craft Instructors and all the posts arising either on account of fresh sanctioned or on account of the vacancies in the existing sanctioned post should be filled up from among the Part time Craft Instructor.

Accordingly, it was directed to convert the existing Part Time Craft Instructor into Fill Time Craft Instructor with regular time scale of pay only and till then not to make any direct recruitment to the post of Full Time Craft Instructor. But, instead of complying with the orders passed by the Tribunal, the respondents proceeded to make fresh appointments to the post of Craft Instructor on consolidated pay of Rs.800/- in the year 1990-1991 and 1991-1992. Accordingly, number of persons have been appointed in the post of Craft Instructor on consolidated pay without compliance of the directions issued by the Tribunal to regularize the existing Craft Instructors and not to fill up the post by direct recruitment. Subsequently, the Government issued orders in G.O.Ms.No.5, School Education Department, dated 06.01.1997 and in G.O.Ms.No.

336, School Educational Department, dated 30.12.2009 to regularize the service of persons appointed as Craft Instructor on consolidated pay with regular time scale of pay from the date of initial appointment; whereas the petitioners' appointments were not considered for regularization from the date of initial appointment. In this regard, the petitioners made representations to the respondents seeking for regular time scale of pay from the date of initial appointment in the post of Craft Instructor. The 3rd respondent has forwarded a proposal to the 2nd respondent vide proceedings in Na.Ka.no.829/Aa5/2012, dated 13.09.

2012 stating that the petitioners have been seriously affected as all other persons appointed on consolidated pay subsequent to their appointment have been brought into regular time scale of pay and accordingly, it was recommended to appoint the petitioners as Full Time Craft Instructors in time scale of pay from the date of their initial appointment. But, no action was taken thereafter by the respondents. Hence, the petitioners sent representations dated 13.07.2016 to the 1st respondent seeking for regularization of their appointment as Full Time Craft Instructors in the time scale of pay. Since the petitioners' representations were not considered, they have come forward with the present writ petitions.

3.When the matter is taken up for consideration, the learned counsel for the petitioner submitted that if a direction is issued to the 1st respondent to consider the representations

of the petitioners dated 13.07.2016 and to pass orders, it would suffice.

4.Heard the learned Additional Government Pleader appearing for the respondents also and perused the materials available on record.

5.Considering the submissions made by the learned counsel for the petitioners as well as the learned Additional Government Pleader, and taking note of the limited scope of the prayer sought for the petitioners, this Court directs the 1st respondent to consider the representations of the petitioners dated 13.07.2016, in the light of the proposal sent by the 3rd respondent dated 13.09.2012, and to pass orders on merits and in accordance with law, with a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioners and it is for the 1st respondent to pass orders wholly on merits and in accordance with law. With the above direction, the writ petitions are disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ssv To:

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

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

3.The District Elementary Educational Officer, Tiruvallur District, Tiruvallur.

4.The Additional Assistant Elementary Educational Officer, Kadambathur Union, Tiruvallur District.

5. The Assistant Elementary Educational officer Ikkadu, Thiruvallur District +3 ccs to M/s.G.Sankaran Advocate sr 56995/16 +1 cc to Government Pleader sr 57188/16 W.P.Nos.34910 to 34912 of 2016 ctr(co) aa14/11/2016