The State Of Tamilnadu v. T.Ammukutti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A(MD)No.996 to 1000 of 2017 and C.M.P(MD)No.6796 to 6800 of 2017 1.The State of Tamil Nadu, Rep.by Secretary to Government, School Education Department, Fort.St.George, Chennai-9.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Kanyakumari District, Nagarcoil.

4.The District Educational Officer, Kuzhuthurai Educational District, Marthandam, Kanyakumari District.

... Appellants 1 to 4 in all writ appeals.

5.The Headmaster, Government Primary School, Koditharavilai, Pacode Post, Kanyakumari District.

... 5th Appellant in WA(MD)No.996 of 2017 6.The Headmaster, Government Higher Secondary School, Kadayal, Kanyakumari District.

... 5th Appellant in WA(MD)No.997 of 2017 7.The Headmaster, Government High School, Athancode, Kanyakumari District.

... 5th Appellant in WA(MD)No.998 of 2017 8.The Headmaster, Government Higher Secondary School, Ezhudesapattu, Kanyakumari District.

... 5th Appellant in WA(MD)No.999 of 2017

9.The Headmaster, Government Higher Secondary School, Thenkapattinam, Kanyakumari District.

... 5th Appellant in WA(MD)No.1000 of 2017 Vs.

1.T.Ammukutti ... Respondent in WA(MD)No.996 of 2017 2.T.M.Leelabai ... Respondent in WA(MD)No.997 of 2017 3.M.Mary Rajammal ... Respondent in WA(MD)No.998 of 2017 4.P.Swarna bai ... Respondent in WA(MD)No.999 of 2017 5.C.Sarojam ... Respondent in WA(MD)No.1000 of 2017 COMMON PRAYER: These writ appeals have been filed under Clause 15 of the Letters Patent to allow these writ appeals by setting aside the orders of this Court dated 15.06.2012 made in WP(MD)No.8077 to 8079 2012, WP(MD)No.8081 & 8082 of 2012.

Prayer in WP(MD). 8077/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 5 herein to regularize the service of the petitioner as Full Time Sweeper (Scavanger) on completion of ten years of Part-time services from 12.12.1980 and to pay time scale of pay and other monetary benefits payable from 12.12.1990 within a stipulated time as fixed by this Honourable Court.

Prayer in WP(MD). 8078/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 5 herein to regularize the service of the petitioner as Full Time Gardener on completion of ten years of Part-time services from 01.02.1990 and to pay time scale of pay and other monetary benefits payable from 01.02.2000 within a stipulated time as fixed by this Honourable Court. Prayer in WP(MD). 8079/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 4 herein to regularize the service of the petitioner as "Full Time Watcher" on completion of ten years of Part-time services from 29.07.1989 and to pay time scale of pay and other monetary benefits payable from 29.07.1999 within a stipulated time as fixed by this Honourable Court. Prayer in WP(MD). 8081/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 5 herein to regularize the service of the petitioner as Full Time Water Supplier on completion of ten years of Part-time services from 18.01.1989 and to pay time

scale of pay and other monetary benefits payable from 18.01.1999 within a stipulated time as fixed by this Honourable Court. Prayer in WP(MD). 8082/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the Respondents 1 to 5 herein to regularize the service of the petitioner as "Full Time Water Supplier" on completion of ten years of Part-time services from 02.02.1990 and to pay time scale of pay and other monetary benefits payable from 02.02.2000 within a stipulated time as fixed by this Honourable Court.

For Appellants in all writ appeals : Mr.T.S.Md.Mohideen, AGP For Respondents : Ms.S.Bharathy Kannan in all writ appeals C O M M ON J U D G M E N T ********************************* [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] The Government of Tamil Nadu is on appeal in all these cases questioning the orders passed in the writ petitions filed by the respective respondents.

2.The respondents herein filed individual writ petitions seeking regularization of their services. They invoked G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006. It was submitted that similar issues were already considered by this Court. The learned single Judge after referring to those earlier orders allowed the writ petitions as prayed for. 3.These writ appeals were taken up for disposal today. It was fairly admitted by the learned Additional Government Pleader appearing for the appellants 1 to 4 that similar writ appeals were earlier dismissed by this Court and that they were also duly implemented. In fact, the learned counsel appearing for the respondents filed a typed set of papers compiling those earlier orders of this Court and the orders passed by the Government implementing them.

4.In this view of the matter, there is no reason to take a different view in these writ appeals. Therefore, these writ appeals are accordingly dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

+5cc to M/s.S.BHARATHY KANNAN Advocate in SR. No. 72258 to 72262 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 72620 to 72624 skm/ARUL JS/MR.KKR/SAR.1/15.09.2017/ 4P-7C W.A(MD)No.996 to 1000 of 2017 and C.M.P(MD)No.6796 to 6800 of 2017 10.08.2017