N.Karuppaya v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE N.Karuppaya

...Petitioner

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 - 06.

...

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.02.2022 to regularize the petitioner's service from the date of his initial appointment and consequently direct the respondents to pay monetary and service benefits with all consequential benefits and arrears.

For petitioner :

Mrs.S.Esairani Narasimman For respondents :

Mrs.M.Jayanthy, Additional Government Pleader 1/4

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.Ms.M.Jayanthy, learned Additional Government Pleader accepts notice for the respondents.

3.This writ petition has been filed for a Mandamus seeking for a direction to the respondents to regularise the petitioner's service from the date of his initial appointment and consequently direct the respondents to pay monetary and service benefits with all consequential benefits and arrears based on his representation dated 26.02.2022, within a time frame to be fixed by this Court.

4.The petitioner claims that he was appointed as Casual Worker Night Watchman in Model Schools all over Tamil Nadu on contract basis. He was paid consolidated pay. According to him, he has been working for more than ten years. In such circumstances, he has sought for regularisation of his service and he has given a representation on 26.02.2022. Since the 2/4

representation has not been considered, till date, he has filed this writ petition.

5.Heard Mrs.S.Esairani Narasimman, learned counsel for the petitioner and Ms.M.Jayanthy, learned Additional Government Pleader appearing for the respondents.

6.No prejudice would be caused to the respondents, if the petitioner's representation is considered, on merits and in accordance with law, within a time frame to be fixed by this Court. 7.For the foregoing reasons, this Court directs the 2nd respondent to pass final orders, on merits and in accordance with law on the petitioner's representation dated 26.02.2022 seeking for regularisation of his service from the date of his initial appointment and consequently direct the respondents to pay monetary and service benefits with all consequential benefits and arrears, within a period of twelve weeks from the date of receipt of a copy of this order.

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ABDUL QUDDHOSE, J.

vga 8.With the aforesaid directions, this writ petition is disposed of. No costs.

20.12.2022 Index: Yes/No vga To

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 - 06.

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