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Madras High CourtWP/29713/2019disposed of

S.Hari Kumar v. The State Of Tamil Nadu

2019-10-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.29713, 29714, 29717, 29719, 29722, 29723, 29725 and 29727 of 2019 S.Hari Kumar .. Petitioner in W.P.No.29713 of 2019 R.Santhosh .. Petitioner in W.P.No.29714 of 2019 E.Kalaiyarasan .. Petitioner in W.P.No.29717 of 2019 M.Ravi .. Petitioner in W.P.No.29719 of 2019 D.Nithya .. Petitioner in W.P.No.29722 of 2019 S.Sivakumar .. Petitioner in W.P.No.29723 of 2019 K.Sureshkumar .. Petitioner in W.P.No.29725 of 2019 M.Selvakumar .. Petitioner in W.P.No.29727 of 2019 -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 State of Tamil Nadu, Rep by its Additional Chief Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai 600 009 3.The Director of School Education, O/o.Director of School Education, DPI Campus, College Road, Chennai 600 006 4.The State Project Director, Sarva Siksha Abhiyan (SSA), DPI Campus, College Road, Chennai 600 006 .. Respondents

Petitions under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to regularize the petitioners' services with effect from the dates of appointment in the cadre of Computer Instructor and Drawing Instructor by considering the petitioners' representations dated 31.08.2019, 28.11.2018, 18.08.2018, 29.08.2019, 03.09.2018, 03.09.2019, 08.08.2019 and 19.08.2019 within the period that may stipulated by this Court. For Petitioner : Mr.S.Nambi Arroran in all W.P.'s for M/s.Ajmal Associates For Respondents : Mr.C.Munusamy, in all W.P.'s Special Govt. Pleader (Edn.)

ORDER

By consent, these writ petitions are taken up for final disposal at the admission stage itself.

2.The case of the petitioners is that the petitioner were appointed as part-time instructors in order to ensure Right of Children to Free and Compulsory Education Act, 2009 vide G.O.Ms.No.177 School Education (C2) Department dated 11.11.2011. Similarly 16,549 persons were appointed as part-time instructors in the sanctioned post. The petitioners are also the persons among them. Though they were appointed in the year 2012, their services were not regularised. In this regard they made representations dated 31.08.2019, 28.11.2018, 18.08.2018, 29.08.2019, 03.09.2018, 03.09.2019, 08.08.2019 and 19.08.2019, but the same have not been considered so far. Hence, the petitioners have filed the present petition.

3.Heard both sides.

4.The learned counsel for the petitioners submitted that it would suffice, if a direction is issued to the respondents to consider the representations of the petitioners dated 31.08.2019, 28.11.2018, 18.08.2018, 29.08.2019, 03.09.2018, 03.09.2019, 08.08.2019 and 19.08.2019 and pass orders, within a stipulated time fixed by this Court.

5.Therefore, this Court without going into the merits of the case, directs the respondents to consider the petitioners' representation dated 31.08.2019, 28.11.2018, 18.08.2018, 29.08.2019, 03.09.2018, 03.09.2019, 08.08.2019 and 19.08.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

6.With the above direction, these writ petitions stand disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar lok To 1.The Principal Secretary to Government, The State of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Additional Chief Secretary to Government, The State of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai 600 009 3.The Director of School Education, O/o.Director of School Education, DPI Campus, College Road, Chennai 600 006 4.The State Project Director, Sarva Siksha Abhiyan (SSA), DPI Campus, College Road, Chennai 600 006 +8cc to M/s.Ajmal Associates, Advcoate SR.87425 +1cc to the Government Pleader SR.87744,87746 W.P.Nos.29713, 29714, 29717, 29719, 29722, 29723, 29725 and 29727 of 2019 RSI(CO) CB(03/12/2019)