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Madras High CourtWP(MD)/83/2020disposed of

B.Kokilaveni v. The State Of Tamilnadu

2020-01-06Honourable Mrs Justice J. Nisha Banu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU B.Kokilaveni ... Petitioner vs.

1.The State of Tamil Nadu, rep.by it's Secretary, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of Elementary Education, Nungambakkam, Chennai - 600 006.

3.The Chief Educational Officer, O/o.the Chief Educational Office, Dindigul, Dindigul District 4.The Chief Educational Officer O/o the Chief Educational Office Collectorate Campus Karur District Karur 5.The District Educational Officer, O/o.the District Educational Office, Palani, Dindigul District.

6.The District Educational Officer O/o. The District Educational Office Karur Karur District ... Respondents Prayer: This Writ petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the respondents to regularize the service of the petitioner as Secondary Grade Teacher w.e.f. 03.01.2002 as was granted in respect of the similarly placed persons vide G.O.Ms.No.143 School Education (S-2) Department dated 25.06.2007 and G.O.(3D)No. 128 School Education (G2) Department dated 28.09.2011 and by considering the 1/4

petitioner's representation date 22.07.2019 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkateshkumar For Respondents : Mr.M.Karuppasamy

ORDER

The writ petition has been filed seeking a direction to the respondents to regularize the service of the petitioner as Secondary Grade Teacher w.e.f. 03.01.2002 as was granted in respect of the similarly placed persons vide G.O.Ms.No.143 School Education (S-2) Department dated 25.06.2007 and G.O.(3D)No. 128 School Education (G2) Department dated 28.09.2011.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3.The case of the petitioner, in brief, is as follows: (i)The petitioner registered her name in the District Employment Exchange, Karur, for appointment to the post of Secondary Grade Teacher. In view of seniority, the petitioner had to be called for certificate verification scheduled on 03.01.2002, but, she was called called only on 11.01.2002.

(ii)Pursuant to the Certificate Verification on 03.01.2002, in all other Districts, the posts of Secondary Grade Teachers were filled up and in so far as Karur District is concerned, the candidates who participated in Certificate Verification on 11.02.2002 alone were not given appointment, despite having seniority and qualification.

(iii)In respect of similarly placed persons, the Government, vide G.O.Ms.No.143 School Education (S-2) Department dated 25.06.2007 and G.O.(3D)No.128 School Education (G2) Department dated 28.09.2011, regularized the services of the respective candidates with effect from 03.01.2002. The petitioner, being the similarly placed person, was not given such benefit. Therefore, she made representation dated 22.07.2019 to the respondents and the same is pending without consideration. Hence, the writ petition has been filed.

4.The learned Government Advocate appearing for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits. 5.In view of the above submission, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation dated 22.07.2019, seeking regularization of service as Secondary Grade Teacher, in the light of G.O.Ms.No.143 School Education (S-2) Department dated 25.06.2007 2/4

and G.O.(3D)No.128 School Education (G2) Department dated 28.09.2011 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS ) msa To 1.The Secretary, State of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of Elementary Education, Nungambakkam, Chennai - 600 006.

3.The Chief Educational Officer, O/o.the Chief Educational Office, Dindigul, Dindigul District 4.The Chief Educational Officer O/o the Chief Educational Office Collectorate Campus Karur District Karur 5.The District Educational Officer, O/o.the District Educational Office, Palani, Dindigul District.

6.The District Educational Officer O/o. The District Educational Office Karur, Karur District 3/4

+1 CC to M/s.AJMAL ASSOCIATES, Advocate (SR-646[F] dated 08/01/2020 ) +1 CC to SPL GP ( SR-432[F] dated 07/01/2020 ) 06.01.2020 MK (23.01.2020) 4P 9C 4/4