Madras High CourtWP/8991/2016disposed of

M.Subas Chandra Bose Kumar v. The State Of Tamil Nadu

2016-03-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.8991 & 8992 of 2016 M.Subas Chandra Bose Kumar ...Petitioner in W.P.8991 of 2016 R.Jeyamani

...Petitioner in W.P.8992 of 2016

-Vs1. The State of Tamil Nadu rep.by its Principal Secretary to Government 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 Karur District, Karur

...Respondents in both the

W.Ps.

Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to regularise the services of the petitioners in the post of Secondary Grade Assistant with retrospective effect from 29.02.2008 on par with junior appointed, with monetary benefits from the date of actual appointment on 05.12.2008 along with consequential and other attendant benefits including seniority and arrears of salary along with interest, by considering the representations submitted by the petitioners dated 03.12.2014, within a time frame to be fixed by this Hon'ble Court.

For Petitioners :

Mr.G.Sankaran For Respondents :

Mr.P.Chinnadurai Government Advocate

ORDER

Both the petitioners, who were appointed in the post of Secondary Grade Assistant and posted at Panchayat Union Middle School, Mathipatti, Krishnanarayanapuram Union, Karur District and at Panchayat Union Elementary School, Periyavalaiyapatti, Kanakkuvelampatti Union, Karur District respectively, pursuant to the order passed by the Apex Court in Special Leave to Appeal (Civil) Nos.20606 & 20755 of 2010 dated 20.9.2013, have given representations to the respondents seeking seniority on par with their juniors, based on employment exchange seniority, stating that their selection and appointment should be given effect to from their actual date of appointment in the year 2008 along with their batch mates. The said representations are pending for a long time. Therefore, they have come to this Court.

2. Heard the learned counsel for the petitioners. Mr.P.Chinnadurai, learned Government Advocate takes notice on behalf of the respondents.

3. This Court, considering the long pendency of the representations dated 3.12.2014, without going to the merits, hereby directs the respondents to consider the aforesaid representations of the petitioners, on the basis of the order passed by the Apex Court in Special Leave to Appeal (Civil) Nos.20606 & 20755 of 2010 dated 20.9.2013 and the consequential order dated 7.8.2014 passed by the second respondent. For the said purpose, the petitioners are also permitted to furnish the relevant documents along with this order to the respondents within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the respondents shall pass appropriate orders on the representations within a period of eight weeks thereafter. The writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ss

1. The Principal Secretary to Government 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 Karur District, Karur +2cc's to Mr.G.Sankaran, Advocate, S.R.Nos.15834 & 15835 +1cc to the Government Pleader, S.R.No.15739 W.P.Nos.8991 & 8992 of 2016 JSV(CO) CA(24/03/2016)