Madras High CourtWP/31148/2022disposed of

N.Menaka v. The State Of Tamil Nadu

2022-11-22Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 22.11.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.No.30578 of 2022 --

1. N.Menaka

2. M.Ramesh .. Petitioners Vs.

1. The State of Tamil Nadu, The Principal Secretary to Government, School Education Department, Chennai-09.

2. The Director of School Education, DPI Complex, Nungampakkam, Chennai-600 006.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 26.02.2022 to regularise the petitioners' service from the date of their initial appointment and consequently direct the respondents to pay monetary and service benefits with all consequential benefits and arrears.

For petitioner : M/s.S.Esairani Narasimman For respondents: Mr.C.Sathish, Govt. Advocate 1 / 5

ORDER

By consent of both parties, Writ Petition itself is taken up for final disposal at the admission stage itself.

2. Mr.C.Sathish, learned Government Advocate accepts notice for the respondents.

3. This writ petition has been filed for a Mandamus to direct the respondents to regularise the petitioners' service from the date of their initial appointment and consequently direct the respondents to pay monetary and service benefits with all consequential benefits and arrears.

4. The petitioners claim that they were appointed as Ministerial staff in Model Schools all over Tamil Nadu on contract basis. They were paid consolidated pay. According to them, they have been working for more than ten years. In such circumstances, they have sought for regularisation of their services and they have given a joint representation on 26.02.2022. Since the joint representation has not been considered, till date, they have filed this writ petition.

5. Heard Mrs.S.Esairani Narasimman, learned counsel for the petitioner and Mr.C.Sathish, learned Government Advocate appearing for the respondents.

6. No prejudice would be caused to the respondents, if the petitioners' 2 / 5

said joint representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

7. Since the said representation is dated 26.02.2022, the petitioners are now directed to give a fresh representation seeking for regularisation of their services from the date of their initial appointment and consequently to direct the respondents to pay monetary and service benefits with all consequential benefits and arrears, within a period of one week from the date of receipt of a copy of the representation and on receipt of such a representation, the second respondent shall pass final orders on the said representation, on merits and in accordance with law, within a period of 12 weeks thereafter.

8. With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs.

9. As far as W.M.P.No.30578 of 2022 filed in this Writ Petition seeking to permit the writ petitioners to present and prosecute a single Writ Petition, is concerned, the same is ordered on condition that the each of the petitioners shall pay their separate Court fees, if not paid already. 22.11.2022 cs 3 / 5

1. The State of Tamil Nadu, The Principal Secretary to Government, School Education Department, Chennai-09.

2. The Director of School Education, DPI Complex, Nungampakkam, Chennai-600 006.

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ABDUL QUDDHOSE, J cs 22.11.2022 5 / 5