P.Arulendran v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 32131 of 2019 and WMP.No.32404 of 2019 P. Arulendran ..Petitioner Vs 1.The State of Tamil Nadu rep.by its Secretary to Government Educational Department Secretariat, Chennai.
2.The Director of School Education College Road, Chennai-6.
3. The Chief Educational Officer, Vellore District.
4.The District Educational Officer, Vellore.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to regularise the service of the petitioner with effect from the date of initial appointment in the post in which he was appointed and pay monetary benefits. For Petitioner : M/s. R.Poornima For Respondents : Mrs. P. Kavitha, GA
O R D E R
Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents to regularise the service of the petitioner with effect from the date of initial appointment in the post in which he was appointed and pay monetary benefits.
2. Heard both sides and perused the records. By consent, the writ petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner was appointed as Office Assistant on ad-hoc basis by the Parents Teacher Association on 01.07.2005 at Thiru Muruga Kribanandha
Variyar Government Boys Higher Secondary School, Kankeyanallur. The petitioner has been regularly approaching the respondent for regularisation of his service and the same is kept pending for years together. When the petitioner made a representation dated 06.04.2018 to the respondent, the same was returned as not considered by stating the reason that an appeal as against the order in writ petition is pending before this Court. Challenging the same, the present writ petition is filed.
4. Today, when the matter is taken for hearing, the learned Government Advocate appearing for the respondents has submitted the said Writ Appeal has been disposed of by this Court and therefore, there is no legal impediment for the respondents to consider the request of the petitioner, if the petitioner approaches the respondents by making fresh representation.
5. Considering the facts and circumstances of the case and the submissions made by the learned Government Advocate, this Court directs the petitioner to submit a fresh representation to the 1st respondent within a period of two weeks from the date of receipt of a copy of this order. The 1st respondent is directed to consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks thereafter.
6. The writ petition is accordingly disposed of. No costs. Consequently connected Miscellaneous Petition is closed. s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ak To
1. The Secretary to Government Educational Department Secretariat, Chennai.
2. The Director of School Education College Road, Chennai-6.
3. The Chief Educational Officer, Vellore District.
4. The District Educational Officer, Vellore +1 CC to Mrs.R. Poornima, Advocate sr 96515.
+1 CC to The Govt. Pleader sr 97585.
W.P.No. 32131 of 2019 and WMP.No.32404 of 2019 EV(CO) SP(19/12/2019)