A.Sathish Kumar, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.31569, 31567, 31568, 31573, 31574, 31576, 31577 of 2019 1.A.Sathis Kumar 2.R.Prabhakaran 3.K.Jayachandran 4.R.Satheesh 5.R.Sudhakar 6.M.Prema 7.G.Ganesan 8.V.Madeshwaran 9.S.Syed Kadhar Basha 10.G.Balasubramaniyan 11.J.Jaisankar 12.U.Govindaraj ... Sl.No 1 to 12 are Petitioners in WP.31569/2019 13.D.Sivakumar 14.S.Bhuvaneswari 15.R.Silambarasan ... Sl.No 13 to 15 are Petitioners inWP.31567/2019 16.R.Jeypraveen 17.S.Kumar 18.R.Ramesh Kumar 19.S.Murali ... Sl.No 16 to 19 are Petitioners in WP.31568/2019 20.P.Selvendran 21.R.Ramesh 22.V.Sethupadmanaban 23.R.Sakthivel 24.C.Jaganathan 25.V.Ramakesavan ... Sl.No 20 to 25 are Petitioners in WP.31573/2019 26.K.Periyasamy 27.V.Elangovan 28.K.Vimal 29.M.Raja 30.A.Chitra ... Sl.No 26 to 30 are Petitioners in WP.31574/2019 31.V.Saraswathi 32.A.G.Gunaseelan 33.S.Sumathira ... Sl.No 31 to 33 are Petitioners in WP.31576/2019
34.S.Paramasivam 35.P.Ramya 36.A.Selvan 37.T.Govindaraj 38.P.Chandra Sekaran 39.K.Nagaraj ... Sl.No 34 to 39 are Petitioners in WP.31577/2019 Vs 1.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 in all WPs.
Prayer in all WPs.: Writ Petitions filed 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 Physical Education Instructors/ Drawing Instructor/ Computer instructors/ Music Instructors/ Sewing Instructors / Horticulture Instructors, life Skill and communication skill instructors and Masonry Instructors and by considering the petitioners; representations dated 30.07.2019, 27.07.2019, 02.08.2019, 25.07.2019,17.08.2019,01.08.2019 and 26.07.2019 within the period that may stipulated by this Court. For Petitioner :
Mr.S.Nambi Arroran in all W.Ps for M/s.Ajmal Associates For Respondents :
Mr.C.Munusamy, in all W.Ps Special Govt. Pleader (Edn.)
COMMON 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 petitioners were appointed as 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 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 regularized. In this regard, they made representations dated 30.07.2019, 27.07.2019, 02.08.2019, 25.07.2019, 17.08.2019, 01.08.2019 and 26.07.2019 but the same have not been considered so far. Hence, the petitioners have filed these present petitions.
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 30.07.2019, 27.07.2019, 02.08.2019, 25.07.2019, 17.08.2019, 01.08.2019 and 26.07.2019and 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; representations dated 30.07.2019, 27.07.2019, 02.08.2019, 25.07.2019, 17.08.2019, 01.08.2019 and 26.07.2019 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(CS-III) // True Copy// Sub Assistant Registrar jrs
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.
+41ccs to M/s.Ajmal Associates, Advocate, SR.Nos.93900,93899, 93897,93895,93893,93896 & 93898.
+1cc to Government Pleader, SR.No.94590.
VSN (CO) CSR(10/12/2019) W.P.Nos.31569, 31567, 31568, 31573, 31574, 31576, 31577 of 2019