Madras High CourtWP(MD)/15118/2015disposed of

S.Nagammal v. State Of Tamil Nadu

2015-08-21Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15118 of 2015 AND MP(MD)NO.1 OF 2015 S.Nagammal Employed as Part Time Sanitary Worker (Sweeper) Govt. Higher Secondary School, Somarasampettai Post, Sri Rangam Taluk, Trichy District.

... Petitioner Vs.

1.State of Tamil Nadu rep. By the Secretary to Government, School Education Department, Secretariat, Chennai-9.

2.The Director of School Education, College Road, Chennai-6.

3.The Chief Educational Officer, Trichy District, Trichy.

.. Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to regularize the service of the petitioner in the light of G.O.Ms.No.385, Finance (Pay Scale) Dept., dated 01.10.2010 and G.O.Ms.No.653, Home (Police.15) Dept., dated 07.08.2009 and the order passed by this Hon'ble Court in Review Application No.281 of 2014 in W.P.No.13162 of 2013, dated 08.12.2014 with all monetary and service benefits. For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.T.R.Janarthanan Addl. Govt. Pleader

O R D E R

This writ petition has been filed by S.Nagammal, who was appointed as Part Time Sweeper by direct recruitment and joined service on 22.10.1968 in Government Higher Secondary School,

Somarasampettai, seeking a writ of mandamus directing the respondents to regularize the service of the petitioner in the light of G.O.Ms.No.385, Finance (Pay Scale) Dept., dated 01.10.2010 and G.O.Ms.No.653, Home (Police.15) Dept., dated 07.08.2009 and the order passed by this Hon'ble Court in Review Application No.281 of 2014 in W.P.No.13162 of 2013, dated 08.12.2014 with all monetary and service benefits. 2.Heard the learned counsel appearing for the petitioner and Mr.T.R.Janarthanam, learned Additional Government Pleader takes notice for the respondents.

3.According to the petitioner, without regularization, she was retired from service by order dated 30.04.2015 passed by the Head Master, Government Higher Secondary School, Somarasampettai with effect from 03.04.2015. Hence, the grievance of the petitioner is that her services have not been regularised till she was allowed to retire from service. Therefore, she made a representation, dated 29.07.2015 and an acknowledgement there of, dated 11.08.2015 has been produced to show that her representation made has not been considered till now.

4.Considering the limited prayer sought for by the petitioner, without going into merits of the matter, the respondents 2 and 3 are directed to send the relevant papers to the first respondent and on receipt of the same, the first respondent is directed to consider the same in the light of the G.O.Ms.No.385 Finance (Pay Scale) Department, dated 01.10.2010 and G.O.Ms.No.653, Home (Police .15) Department, dated 07.08.2009 and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected M.P(MD)NO.1 OF 2015 is closed. Sd/- Assistant Registrar (CRL.SIDE ) /TURE COPY/ Sub Assistant Registrar am To

1. The Secretary to Government, State of Tamil Nadu School Education Department, Secretariat, Chennai-9.

2.The Director of School Education, College Road, Chennai-6.

3.The Chief Educational Officer, Trichy District, Trichy.

+2 CC TO MR.D.SELVANAYAGAM, ADVOCATE, SR NOS.48823,48721 JAM/SKS-RR/28.10.15/3P-6C W.P.(MD)No.15118 of 2015 21.08.2015