M.Jeyamma v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.M. Jeyamma 2.A. Dhanalakshmi 3.Ramaniyammal 4.B. Santhi 5.S. Vijaya 6.K. Dilliamma 7.Logeswari .. Petitioners Vs.
1.The State of Tamil Nadu, Rep. by the Secretary to Government, School Education Department, Secretariat, Chennai - 09.
2.The Director of School Education, College Road, Chennai - 06.
3.The District Educational Officer, Thiruthani District.
4.The Chief Educational Officer, Thiruthani District.
.. Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 24.10.2022 to regularize the service of the petitioners in the post of Sanitary Worker with regular time scale as per G.O.Ms.No.22 P&AR Department, dated 28.02.2006 with all consequential and other attendant benefits including arrears of salary, within a time frame to be fixed by this Court. For Petitioners : M/s.S. Esairani Narasimman For Respondents : Mr.S. Yashwanth, Additional Government Pleader
ORDER
This Writ Petition has been filed for a mandamus seeking for a direction to the respondents to consider and pass final orders on the petitioners' representation dated 24.10.2022, seeking to regularize their service in the post of Sanitary Worker with regular time scale as per G.O.Ms.No.22 P&AR Department, dated 28.02.2006, with all consequential and other attendant benefits including arrears of salary, within a time frame to be fixed by this Court. 2/6
2. Heard M/s.S. Esairani Narasimman, learned counsel for the petitioners. Mr.S. Yashwanth, learned Additional Government Pleader, 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.
3. The grievance of the petitioners in this Writ Petition is that despite working in the post of Sanitary Worker for a very long number of years, their services have not been regularized as per G.O.Ms.No.22 P&AR Department, dated 28.02.2006. In such circumstances, they have given a joint representation dated 24.10.2022, requesting the respondents to regularize their services. Since the representation has not been considered till date, the petitioners have filed this Writ Petition.
4. At the outset, the learned Additional Government Pleader, would submit that the petitioners will have to give an individual representation and only then their representations can be considered by the respondents. The learned counsel for the petitioners also agree to the same. 3/6
5. No prejudice will be caused to the respondents if the petitioners' representations are considered on merits and in accordance with law, within a time frame to be fixed by this Court.
6. For the foregoing reasons, this Court directs the respective petitioners to submit an individual representation to the second respondent, requesting for regularization of their respective services in the post of Sanitary Worker with regular time scale as per G.O.Ms.No.22 P&AR Department, dated 28.02.2006, within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the said representation from the respective petitioners, the second respondent shall pass final orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter.
7. Accordingly, this Writ Petition stands disposed of. No costs. 30.11.2022 (1⁄2) Speaking/Non-speaking order Index: Yes/No Sni 4/6
To 1.Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai - 09.
2.The Director of School Education, College Road, Chennai - 06.
3.The District Educational Officer, Thiruthani District.
4.The Chief Educational Officer, Thiruthani District.
5/6
ABDUL QUDDHOSE,J.
Sni 30.11.2022 6/6