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Madras High CourtWP/26513/2018disposed of

M.V.Elanthiraiyan v. The State Of Tamil Nadu

2018-10-10Honourable Mr Justice R. Mahadevan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.26513 of 2018 and W.M.P.No.30858 of 2018 1.M.V.Elanthiraiyan 2.M.Suresh 3.M.Senthilraja 4.P.Asok Kumar 5.G.Muthukumaran 6.V.Usharani 7.S.Chitra 8.S.D.Jeeva 9.P.Devi 10.Pushpalatha 11.N.L.Uma 12.M.Malarvizhi 13.S.Vijayaraghavan 14.R.Selvakumar ... Petitioners Vs 1.The State of Tamil Nadu, Rep by Secretary to Government, School Education Department, Secretariat, Chennai 600 009.

2.The Director of Elementary Education, DPI Campus, Nungambakkam, Chennai - 6.

3.The Director of School Education, DPI Campus, Nungambakkam, Chennai 06.

4.The Chief Educational Officer, 5.The Chief Educational Officer, Coimbatore District,

6.The District Educational Officer, Salem District, Salem.

7.The District Educational Officer, 8.The District Educational Officer, Kallakkurichi, Villupuram District.

9.The District Educational Officer, Madurai District, Madurai.

10.The District Educational Officer, Harur, Dharmapuri District.

11.The District Educational Officer, Ulundurpet, Villupuram District.

12.The Chief Educational Officer, Villupuram District, Villupuram.

13.The Commissioner, Coimbatore Corporation, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to extend the benefits granted to the similarly placed persons vide G.O.Ms.No.336, School Education Department, dated 30.12.2009, G.O.(3D) No.4, School Education Department, dated 21.01.2015 and G.O. (3D) No.63, School Education Department, dated 13.04.2016 etc., to the petitioners herein by regularising their services as Secondary Grade Teachers with retrospective effect from the respective dates of their initial appointment as Junior Secondary Grade Teachers on consolidated pay basis and to grant them all consequential benefits with a limited time frame.

For Petitioners : Mr.M.Ravi For Respondents : Mrs.P.Kavitha, Government Advocate

O R D E R

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

2. The petitioners have come up with this writ petition seeking a direction to the respondents to extend the benefits granted to the similarly placed persons vide G.O.Ms.No.336, School Education Department, dated 30.12.2009, G.O.(3D) No.4, School Education Department, dated 21.01.2015 and G.O. (3D) No.63, School Education Department, dated 13.04.2016 etc. to the petitioners by regularising their services as Secondary Grade Teachers with retrospective effect from the respective dates of their initial appointment as Junior Secondary Grade Teachers on consolidated pay basis and for consequential relief.

3. According to the learned counsel for the petitioners, the petitioners have submitted the representations on various dates to the respondents, claiming the same relief as prayed in this writ petition, but, the said representations are yet to be disposed of by the respondents.

4. Mrs.P.Kavitha, learned Special Government Pleader taking notice for the respondents, submitted that the respondents may be directed to consider the petitioners' representations in the light of the above said Government Orders and pass orders in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the respondents to consider the claim of the petitioners in the light of the above said Government Orders and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioners as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar

gsk To 1.The Secretary to Government, School Education Department, Secretariat, Chennai 600 009.

2.The Director of Elementary Education, DPI Campus, Nungambakkam, Chennai - 6.

3.The Director of School Education, DPI Campus, Nungambakkam, Chennai 06.

4.The Chief Educational Officer, 5.The Chief Educational Officer, Coimbatore District, 6.The District Educational Officer, Salem District, Salem.

7.The District Educational Officer, 8.The District Educational Officer, Kallakkurichi, Villupuram District.

9.The District Educational Officer, Madurai District, Madurai.

10.The District Educational Officer, Harur, Dharmapuri District.

11.The District Educational Officer, Ulundurpet, Villupuram District.

12.The Chief Educational Officer, Villupuram District, Villupuram.

13.The Commissioner, Coimbatore Corporation, +1cc to Mr.M.Ravi, Advocate SR.No.70326 +1cc to Government Pleader SR.No.70523 W.P.No.26513 of 2018 SPD(CO) GMY(01/11/2018)