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Madras High CourtWP(MD)/19940/2014dismissed

A. Mariyammal, v. The State Of Tamil Nadu,

2018-01-24Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.19940 of 2014 A.Mariyammal .. Petitioner Vs.

1. The State of Tamil Nadu represented by its Secretary, Department of School Education, DPI Compound, College Road, Chennai - 6.

2. The State of Tamil Nadu represented by its Chief Secretary, Department of School Education (Higher Secondary) Secretariat, Chennai- 9.

3. The District Chief Educational Officer, O/o. The District Chief Educational Officer, Virudhunagar District,Virudhunagar.

4. The District Educational Officer, O/o. The District Educational Office, Aruppukottai, Virudhunagar District.

5. The Head Master, Government Higher Secondary School, Panthalkudi, Virudhunagar District- 626 113.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to regularize the petitioner's service from the date of completion of ten years of service ie., 31.01.1994 and to fix the time scale of pay from the period and consequently direct the respondents to pay the arrears of salary from 31.01.1994 with consequential benefits. For petitioner : Mr. S.Rajasekar for M/s.T.Lajapathi Roy For Respondents : Mr.Gunaseelan Muthiah Additional Government Pleader ******

O R D E R

*********** Heard the learned counsel on either side.

2.The writ petitioner is working as a part-time employee. She seeks the benefit of regularisation. The Hon'ble Supreme Court in its decision reported in (2017) 4 SCC 113 (State of Tamil Nadu vs. A.Singamuthu) has held that part-time employment is meant to serve exigencies of the administration and continuance of such services even for a long period could not confer any right of regularisation. Therefore, there is no merit in this writ petition.

3.This Writ petition stands dismissed. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1. The Secretary, Department of School Education, DPI Compound, College Road, Chennai - 6.

2. The Chief Secretary, Department of School Education (Higher Secondary) Secretariat, Chennai- 9.

3. The District Chief Educational Officer, O/o. The District Chief Educational Officer, Virudhunagar District, Virudhunagar.

4. The District Educational Officer, O/o. The District Educational Office, Aruppukottai, Virudhunagar District.

5. The Head Master, Government Higher Secondary School, Panthalkudi, Virudhunagar District- 626 113.

+ 1 cc TO Mr.T.Lajapathi Roy , Advocate in SR No. 44101 + 1 cc TO The Special Government Pleader in SR No. 44601 kmi AE/JC/SAR2/12.03.2018/3P/8C ORDER MADE IN W.P. (MD) No.19940 of 2014 24.01.2018