S.Mariyammal v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.13468 of 2019 W.M.P(MD).No.10010 of 2019 S.Mariyammal ... Petitioner -vs1. The Principal Secretary to Government of Tamil Nadu, Department of School Education, Secretariat, Chennai.
2. The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, D.P.I Campus, College Road, Chennai-600 006.
3. The Director, Department of School Education, Chennai.
4. The Chief Educational Officer, Trichy.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, direct the respondents regularize the service of the petitioner as Computer Instructor Grade-I, Government Higher Secondary School, Valadi, Lalguid-Taluk, Trichy District by extending the benefit of G.O. (MS).No.151, Social Welfare and Nutritious Meal Programme Department dated 16.10.2008 and also restraining them from making fresh recruitment to the above said post in pursuance of the notification issued by the second respondent in Notification No.09/2019 dated 01.03.2019.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.G.V.Vairom Santhosh Additional Government Pleader for RR1, 3 and 4
O R D E R
The relief sought for in the present writ petition is to direct the respondents to regularize the service of the petitioner as Computer Instructor Grade-I in Government Higher Secondary School, Valadi, Lalguid-Taluk, Trichy District by extending the benefit of G.O.(MS).No.151, Social Welfare and Nutritious Meal Programme Department dated 16.10.2008 and also restrain the respondents from making fresh recruitment to the above said post in pursuance of the notification issued by the second respondent in Notification No.09/2019 dated 01.03.2019.
2. The petitioner was engaged as Computer Instructor GradeI on temporary basis and she is continuing in such capacity. Mere temporary service would not confer any right for regularisation of service. Regularisation or permanent absorption cannot be granted in violation of the Rules. Regularisation is to be granted strictly in accordance with the Rules in-force and the principles in this regard are settled by the Constitutional Bench of the Hon'ble Supreme Court of India in the case of State of Karnataka Vs. Umadevi reported in 2006 [4] SCC 1.
3. The learned counsel appearing for the petitioner made a submission that the petitioner is continuing as temporary Computer Instructor Grade-I.
4. This Court is of the considered opinion that the if at all she is continuing, it is for the Authorities to consider the same and the Court cannot issue a direction for grant of regularisation or permanent absorption in violation of the Rules. Even the High Court under Article 226 of the Constitution of India cannot direct the Authorities to regularise the services of an employee which is to be done strictly in accordance with the Rules.
5. With these observations, the Writ Petition stands disposed of. However, there shall be no order as to costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To
1. The Principal Secretary to Government of Tamil Nadu, Department of School Education, Secretariat, Chennai.
2. The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, D.P.I Campus, College Road, Chennai-600 006.
3. The Director, Department of School Education, Chennai.
4. The Chief Educational Officer, Trichy.
+1 CC to M/s.SPL.GOVERNMENT PLEADER ( SR-21034[F] dated 25/04/2022 ) W.P.(MD) No.13468 of 2019 W.M.P(MD).No.10010 of 2019 22.04.2022 SP/06/05/2022/3P/6C