V.Umamahesh v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA V.Umamahesh ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by the Secretary, Department of School Education, Fort St.George, Chennai.

2.The District Library Officer / Secretary, Office of the Local Library Authority, Karur District, Karur - 639 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to declare the completion of probation by the petitioner with effect from 27.08.2014 and to regularize her service from her initial date of appointment on 28.08.2012 to the post of Village Librarian as the petitioner has completed the required period of probation of two years as per the provisions mandated in G.O.(1D).No.156, School Education (K2) Department, dated 10.09.1998 issued by the first respondent considering the petitioner's representation dated 20.11.2023 and reminder dated 05.02.2024 within stipulated time in accordance with law. 1/6

For Petitioner : Mr.M.Sathiamoorthy For Respondents : Mr.M.Siddharthan Additional Government Pleader

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus, seeking direction against the second respondent to declare the completion of probation by the petitioner with effect from 27.08.2014 and to regularize her service from her initial date of appointment on 28.08.2012 to the post of Village Librarian as the petitioner has completed the required period of probation of two years as per the provisions mandated in G.O.(1D).No.156, School Education (K2) Department, dated 10.09.1998 issued by the first respondent considering the petitioner's representation dated 20.11.2023 and reminder dated 05.02.2024.

2. Heard Mr.M.Sathiamoorthy, learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader for the respondents.

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3. Mr.M.Sathiamoorthy, learned counsel for the petitioner submitted that the petitioner was appointed as a Village Librarian on 28.08.2012 and his probation ought to have been declared by the second respondent on completion of two years that is on 27.08.2014. Even though the petitioner has rendered continuous service for more than 11 years, her probation was not declared by the second respondent. Hence, the petitioner sent representations on several occasions and recently she has sent a representation dated 20.11.2023 to the respondents requesting them to regularize her service. Subsequent to the said representation, she has also sent a reminder dated 05.02.2024 through register post for the same cause of action. However, no order has been passed by the respondents. Having no other way, the petitioner has approached this Court by way of filing this Writ Petition.

4. The learned counsel for the petitioner further submitted that as per G.O.(1D).No.156 dated 10.09.1998, the petitioner is eligible for declaration of her probation and the relevant portion of the G.O., is extracted hereunder:

"Probation:- Every person appointed to the post by direct recruitment or by transfer from part3/6

time Librarians shall, from the date on which he joins duty as Village Librarians, be on probation for a total period of two years on duty within a continuous period of three years."

Hence, he seeks indulgence of this Court to consider the said representation of the petitioner by the respondents within stipulated time period.

5. Mr.M.Siddharthan, learned Additional Government Pleader for the respondents would submit that the representation of the petitioner will be considered by the second respondent on merits and in accordance with law.

6. Considering the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader, this Court without expressing any opinion on merits, is inclined to direct the second respondent to consider the petitioner's representation dated 20.11.2023 on merits and in accordance with law as early as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

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7. With the above direction, this Writ Petition is disposed of. No costs.

17.04.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Secretary, The Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai.

2.The District Library Officer / Secretary, Office of the Local Library Authority, Karur District, Karur - 639 001.

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R.N.MANJULA, J.

Nsr 17.04.2024 6/6