V.Saminathan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)Nos.10265 of 2018 V.Saminathan ... Petitioner Vs.

1. The State of Tamil Nadu rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

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

3. The District Elementary Educational Officer, O/o.the District Elementary Educational Officer, Karur Karur District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to regularise the services 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 petitioner's representations dated 09.12.2017 and 23.03.2018 within the period that may be stipulated by this Court. For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.K.Saravanan, G.A.

O R D E R

The prayer sought for herein is for a Writ of Mandamus, to direct the 1st respondent to regularise the services 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 petitioner's representations dated 09.12.2017 and 23.03.2018 within the period that may be stipulated by this Court.

2.Heard Mr.C.Venkatesh Kumar, for M/s.Ajmal Associates, learned counsel for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents. 3.The learned counsel for the petitioner would submit that though a larger prayer sought for in this writ petition, the petitioner would be confined with the prayer that if the representations of the petitioner dated 09.12.2017 and 23.03.2018 are directed to be considered by the respondents and an order to that effect on merits is directed to be passed within a time frame that may be fixed by this Court, the petitioner would be satisfied.

4.I have heard Mr.K.Saravanan, learned Government Advocate in this regard, who would submit that the representations of the petitioner dated 09.12.2017 and 23.03.2018 would be considered on merits and an order to that effect would be passed, within a time frame.

5.Considering the said submissions made by learned counsel for both sides, this writ petition is disposed of with the following direction:

"The first respondent is directed to consider the representations of the petitioner dated 09.12.2017 and 23.03.2018, on merits and in accordance with law and pass orders thereon, within a period of eight weeks from the date of receipt of a copy of this order."

6.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy) Sub Assistant Registrar To

1. The Secretary to Government, 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 District Elementary Educational Officer, O/o.the District Elementary Educational Officer, Karur Karur District.

+1cc to The Spl. Government Pleader Sr.No.64967 ARUL VB/KKR/SAR2/22/05/2018/3P/5C W.P(MD)Nos.10265 of 2018 28.04.2018