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Madras High CourtWP/40802/2025disposed of

Y.Abel v. The District Educational Officer

2025-10-29Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Y.Abel Petitioner Vs.

1. The District Educational Officer Thirupathur District.

2.The Chief Educational Officer Thirupathur District.

3.The Headmaster, Vesamangalam Government Higher Secondary, School, Vesamangalam, Thirupathur District.

Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 1st Respondent to consider and pass orders on the representation dated 10.07.2025 submitted with 1/6

regard to regularize service and pay salary to the petitioner for the reversion period from 27.12.2000 to 18.09.2001 as per the order of this Honble Court, dated 16.12.2009 in W.P. No.49364 of 2006 and in the light of the orders of this Honble Court in Contempt Petition No.1246 of 2012 in W.P. No.30032 of 2010 dated 07.06.2013 which was implemented by the District Educational Officer, Vaniyambadi (Now District Educational Officer, Thirupathur District). For Petitioner:

Mr. A.Baskaran For Respondents:

Mrs.S.Mythreye Chandru, Spl.GP

ORDER

This Writ Petition has been filed for a direction directing the 1st respondent to regularised and pay the salary to the petitioner for the reversion period from 27.12.2000 to 18.09.2001 as per the order passed by this Court dated 16.12.2009 in WP.No.49364 of 2006 and in the light of the order passed by this Court in Contempt Petition No.1246 of 2012 in W.P. No.30032 of 2010 dated 07.06.2013 which was implemented by the District Educational Officer, Vaniyambadi (Now District Educational Officer, Thirupathur District).

2. Heard the learned counsel appearing on either side and perused the materials available on record.

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3. The petitioner was initially appointed as a part-time Sweeper on 13.02.1996. Subsequently, by the proceedings of the 1 st respondent dated 27.12.2000, he was absorbed as a Night Watchman in a sanctioned post with a regular time scale of pay. However, without any prior notice, he was reverted to the position of part-time Sweeper by the proceedings of the 1 st respondent dated 07.05.2001. The petitioner had challenged the order of reversion before the Tamil Nadu Administrative Tribunal and obtained an order of stay. Subsequently, due to the abolition of the Tamil Nadu Administrative Tribunal, it was transferred to this Court and numbered as WP.No.49364 of 2006. This Court by order dated 16.12.2009 set aside the order of reversion. However, the order passed by this Court was not complied with and the petitioner's service was not regularised from the date of his appointment to the post of Night Watchman, i.e.27.12.2000.

4. In the meantime, some similarly placed persons approached this Court by way of WP.Nos.30030 of 2010 to 30033 of 2010. This Court, by order dated 15.11.2011, disposed of the writ petitions with a direction to the respondents to 3/6

regularise the services of the petitioners. Further, the respondents were also directed not to recover the salary already paid to the petitioners, which had been disbursed on the basis of their being treated as permanent employees. As the order was not complied with, the petitioner in WP.No.30032 of 2010, filed Contempt Petition No.1246 of 2012. During the pendency of the said petition, the order passed by this Court was duly complied with and the service of the similarly placed person was regularised from the date of his initial employment. Upon recording such compliance, the Contempt Petition was closed. However, the petitioner's case was not considered and therefore the petitioner submitted repeated representations seeking salary for the reversion period from 27.12.2000 to 18.09.2001 by regularising that period in terms of the orders passed by this Court in W.P. No.2006 of 2009 dated 16.12.2009 and in Contempt Petition No.1246 of 2012 inn W.P. No.30032 of 2010 dated 07.06.2013.

5.In view of the above, the 1st respondent is directed to regularise the service of the petitioner for the reversion period from 27.12.2000 to 18.09.2001 4/6

and disburse the salary for the said period within a period of 6 weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. 29-10-2025 shr Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Educational Officer Thirupathur District.

2.The Chief Educational Officer Thirupathur District.

3.The Headmaster, Vesamangalam Government Higher Secondary, School, Vesamangalam, Thirupathur District.

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G.K.ILANTHIRAIYAN J.

shr 29-10-2025 6/6