P.Kalaiyarasi, v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6595 of 2018 P.Kalaiyarasi ... Petitioner Vs.
1. The State of Tamilnadu, Represented by the Secretary to Government, School Education (R1) Department, Secretariat, Chennai - 9.
2. The Director of School Education, College Road, Chennai - 6.
3. The District Educational Officer, Musiri, Trichy District.
4. The Chief Educational Officer, Trichy, Trichy District.
... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to give equal scale of pay to the post of Full Time watchman par with the Permanent Watchman post from 16.05.1977 to 04.05.1998 in the light of the Hon'ble Apex Court judgment reported in 2016 (IV) LLW 513 (SC) State of Punjab - vs - Jagjitsing and others together with interest of 18% by considering the petitioners' representation dated 18.12.2017. For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.K.Saravanan Government Advocate
ORDER
Heard the learned counsel on either side.
2.By consent of both the parties, the main Writ Petition itself is taken up for final disposal at the stage of admission. 3.The petitioner's husband was appointed as a full time Watchman through Employment Exchange as a contingent staff. Her husband joined in service on 16.12.1977 in Government High School, Uppiliyapuram, Trichy District. His services were regularized by G.O.(Ms).No.367, School Education (R.1) Department, dated https://hcservices.ecourts.gov.in/hcservices/
20.08.1997 with effect from 01.04.1983. But the petitioner's husband passed away while in service on 14.11.2000. It is the case of the petitioner that the third respondent by his proceedings dated 07.10.1999 has regularized her husband's services only with effect from 18.03.1998. Therefore, in this regard, she has submitted a representation dated 18.12.2017 to the first respondent herein. The representation is pending with the first respondent.
4.Therefore, the first respondent is directed to consider the said representation submitted by the petitioner on merits and pass appropriate orders and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the matter. It is open to the Authority to pass orders one way or the other.
5.The Writ Petition stands disposed of accordingly. No cost sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government, School Education (R1) Department, Secretariat, Chennai - 9.
2. The Director of School Education, College Road, Chennai - 6.
3. The District Educational Officer, Musiri, Trichy District.
4. The Chief Educational Officer, Trichy, Trichy District.
+1cc to Mr.D.Selvanayagam, Advocate Sr.No.58267 +1cc to Spl.Government Pleader Sr.No.59334 TSG VB/SKN/RSK/SAR1/29.05.2018/2P/7C W.P.(MD)No.6595 of 2018 27.03.2018 https://hcservices.ecourts.gov.in/hcservices/