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Madras High CourtWP(MD)/1724/2020disposed of

M.M.Saseetharan v. Government Of Tamilnadu

2022-12-07Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)No.1466 of 2020 and W.P(MD)Nos.11889 & 11890 of 2021 and W.M.P(MD)Nos.9331 and 9332 of 2021 1.M.M.Saseetharan 2.A.Balakrishnan 3.A.Karthikeyan 4.P.Kumaresan 5.C.Saravanarajan 6.P.Sridharan 7.D.Jeevanandam 8.G.Jeyapriya 9.A.Sakthivel 10.I.Suresh Kumar 11.S.Salai Arun Mani 12.C.Selvam 13.S.Kavitha 14.G.Parameshwari 15.J.Buvaneswari 16.S.Maladevi 17.M.Geetha 18.M.Sathiya Rekha 19.T.Palanivel 20.P.Chakkarapani 21.P.Boovaiyarkkarasi 22.P.Karthikeyini 23.T.Sasikala ... Petitioners in W.P(MD)No.1724 of 2020 1/6

R.Gajalakshmi ... Petitioner in W.P(MD)No.11889 of 2021 J.Prathiba ... Petitioner in W.P(MD)No.11890 of 2021 Vs.

1.Government of Tamil Nadu, Represented by its Principal Secretary, School Education Department, Fort St. George, Chennai - 9.

2.Director of School Education, DPI Campus, Nungambakkam, College Road, Chennai.

3.The Joint Director of School Education (Vocational), DPI Campus, Nungambakkam, College Road, Chennai.

... Respondents in all W.Ps.

Prayer in W.P(MD)No.1724 of 2020:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to include the names of the petitioners to the post of Higher Secondary School Headmaster by counting the services of the petitioners with effect from August, 2004, by regularizing the service of the petitioners in the post of P.G. Assistant with effect from 01.08.2004 for the purpose of seniority alone with consequential service benefits.

Prayer in W.P(MD)Nos.11889 & 11890 of 2020:Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to include the names of the petitioners to the post of Higher 2/6

Secondary School Headmaster by counting the services of the petitioners with effect from August, 2004, for the purpose of seniority alone with consequential service benefits.

(In All W.Ps) For Petitioners : Mrs.Porkodi Karnan for M/s.Polax Legal Solutions For Respondents : Mr.S.P.Maharajan, Special Government Pleader COMMON ORDER The issue arises in the writ petitions is one and the same, the writ petitions are disposed by way of this common order.

2. These writ petitions have been filed for a direction to the respondents to include the names of the petitioners to the post of Higher Secondary School Headmaster, by counting the services of the petitioners with effect from August, 2004, for the purpose of seniority alone with consequential service benefits.

3. The case of the petitioners is that they were appointed as Computer Instructor on various dates. However, their services were not regularized and thereafter, the petitioners' post was upgraded as Computer Instructor Grade - I in terms of G.O.Ms.No.26(School Education Department), dated 12.02.2019. 3/6

The grievance of the petitioners is that their candidature was not considered to the post of Headmaster, for which, the petitioners made a representation before the respondents on 16.06.2019 and 02.06.2021 respectively and requesting to fix the petitioners' post as Feeder category to the post of Headmaster. But, till date no order was passed. Therefore, the petitioners have filed the present writ petitions with the aforesaid prayer.

4. The learned counsel appearing for the petitioners would submit that it would suffice, if the first and second respondents are directed to dispose of the representation of the petitioners, dated 16.06.2019 and 02.06.2021 respectively, on merits and in accordance with law, within a specified period.

5. The learned Special Government Pleader appearing for the respondents 1 and 2, has no serious objection for such an order being passed by this Court.

6. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of the matter, directs the first and second respondents to consider the petitioners' representation, dated 16.06.2019 and 02.06.2021 respectively and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of 4/6

receipt of a copy of this order.

7. With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 07.12.2022 pm To 1.The Principal Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 9.

2.Director of School Education, DPI Campus, Nungambakkam, College Road, Chennai.

3.The Joint Director of School Education (Vocational), DPI Campus, Nungambakkam, College Road, Chennai.

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M.DHANDAPANI,J.

pm W.P.(MD)Nos.1724, 11889 and 11890 of 2021 07.12.2022 6/6