K.Palanivel v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K. Palanivel ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by the Secretary to Government, Education Department, Fort St. George, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 09.
3.The Chief Educational Officer, Thanjavur District - D.
4.The District Educational Officer, Thanjavur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 25.09.2022 to calculate the petitioner's service from the date of his initial appointment on 13.05.1993 and consequently direct the respondents to pay pension and other terminal benefits 1/6
at the time of retirement to the petitioner with all consequential benefits and arrears.
For Petitioner : Mr.S. Esairani Narasimman For Respondents : Mr.C. Sathish, Government Advocate
ORDER
This Writ petition has been filed for a mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 25.09.2022, requesting the respondents to calculate his service from the date of his initial appointment on 13.05.1993 and consequently direct the respondents to pay the pension and other terminal benefits at the time of his retirement with all consequential benefits and arrears.
2. Heard the learned counsel for the petitioner. Mr.C. Sathish, learned Government Advocate, accepts notice on behalf of the respondents. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
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3. The petitioner claims that he along with similarly placed persons, were appointed as part-time Sweepers in the Government Higher Secondary School, Ayyampettai on 13.05.1993. According to them, they had earlier approached this Court by filing W.P.No.29809 of 2010 to regularize their service and pursuant to the orders passed by this Court dated 23.12.2010, after considering the petitioner's representation, he and others were regularized into service. However, according to the petitioner, their service has not been regularized from the date of their initial appointment i.e. from 13.05.1993. In such circumstances, the petitioner who is one amongst the similarly placed persons, has given a representation on 25.09.2022, requesting the respondents to regularize his service with effect from the date of his initial appointment as a part-time Sweeper on 13.05.1993. Since the representation has not been considered till date, he has filed this writ petition.
4. No prejudice will be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
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5. For the foregoing reasons, this Court directs the respondents to pass final orders on merits and in accordance with law, on the petitioner's representation dated 25.09.2022, seeking for regularization of his service from the date of his initial appointment on 13.05.1993 and to pay the pension and other terminal benefits at the time of his retirement with all consequential benefits and arrears, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the aforesaid directions, this Writ Petition is disposed of. No costs.
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To 1.The Secretary to Government of Tamil Nadu, Education Department, Fort St. George, Chennai - 9.
2.The Director of School Education, College Road, Chennai - 09.
3.The Chief Educational Officer, Thanjavur District - D.
4.The District Educational Officer, Thanjavur District.
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ABDUL QUDDHOSE,J.
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