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Madras High CourtWP(MD)/4942/2019disposed of

G.Manivannan, v. The State Of Tamil Nadu,

2019-03-01Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) Nos.4942 to 4946 of 2019 G.Manivannan ... Petitioner in W.P.(MD)No.4942 of 2019 K.Nagalakshmi ... Petitioner in W.P.(MD)No.4943 of 2019 P.Subburaj ... Petitioner in W.P.(MD)No.4944 of 2019 S.Amsavalli ... Petitioner in W.P.(MD)No.4945 of 2019 M.Shellamani ... Petitioner in W.P.(MD)No.4946 of 2019 vs

1. The State of Tamil Nadu, represented by the Principal Secretary, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of Public Libraries, Public Library Department, No.737/1, Annasalai, Chennai-600 002.

... Respondents in all petitions COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioners' representations, dated 01.02.2019, requesting to regularize the petitioners as Grade-III Librarian with effect from the date of completion of 10 years of service as the Full Time Village Librarian in the light of the Division Bench order dated 23.11.2018 in W.A. (MD)Nos.127 to 132 of 2018 within the time stipulated by this Court. For Petitioner in all petitions : Mr.S.Louis For Respondents in all petitions : Mrs.S.Srimathy Special Government Pleader COMMON ORDER These Writ Petitions are filed seeking a direction to the respondents to consider and pass orders on the petitioners'

representations, dated 01.02.2019, requesting to regularize the petitioners as Grade-III Librarian with effect from the date of completion of 2 years of service as the Full Time Village Librarian, in the light of the Division Bench order dated 23.11.2018 in W.A. (MD)Nos.127 to 132 of 2018 within the time stipulated by this Court.

2. Heard the learned Counsel appearing for the petitioners and the learned Special Government Pleader, who takes notice 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 petitioners is that they were appointed as Full Time Village Librarian on 27.09.2008, 27.09.2008, 30.09.2008, 27.09.2008 and 27.09.2008 respectively. The petitioners had completed 10 years of service. The first respondent issued orders of regularization to the similarly placed persons. Therefore, the petitioners sent several representations and finally on 01.02.2019, seeking for regularization as Grade III Librarian on regular time scale of pay. Since no action is forthcoming, the petitioners are before this Court by filing these writ petitions.

4. The learned Counsel appearing for the petitioners submitted that a similar issue has already been decided by a Division Bench of this Court in W.A.(MD)Nos.127 to 132 of 2018, dated 23.11.2018 and hence, he prays for appropriate orders.

5. The learned Special Government Pleader would submit that the petitioners' representation would be considered within a time frame as fixed by this Court.

6. Considering the nature of the prayer as sought for by the petitioners, without going into the merits of the petitioners' case, the respondents are directed to consider the representation of the petitioners dated 01.02.2019 seeking regularization as Grade III Librarian on regular time scale of pay and pass appropriate orders on merits and in accordance with law and in line with the decision of this Court made in W.A.(MD)Nos.127 to 132 of 2018, dated 23.11.2018, after due opportunity of hearing to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order.

7. The Writ Petitions stand disposed of with the above direction. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar

To

1. The Principal Secretary, State of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

2. The Director of Public Libraries, Public Library Department, No.737/1, Annasalai, Chennai-600 002.

+1 CC to M/s.S.LOUIS, Advocate ( SR-51443[F] dated 04/03/2019 ) +1 CC to M/s.SPL GP ( SR-51467, 51468, 51469, 51470 & 51473[F] dated 04/03/2019 ) SSL DS : 27/03/2019 : 3P/5C W.P(MD) Nos.4942 to 4946 of 2019 01.03.2019