The State Of Tamil Nadu v. S.Selvapandi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.A.(MD)Nos.808 to 811 of 2016 and CMP(MD)Nos.4961 to 4964 of 2016 1.The State of Tamil Nadu, Rep. By its Secretary to Government, School Education Department, Fort St. George, Chennai.
2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
3.The District Educational Officer, Aruppukkottai, Virudhunagar District.
.. Appellants in W.A.(MD)Nos.808 to 811 of 2016 4.The Headmaster, Government Higher Secondary School, Vellaiyapuram, Virudhunagar District.
.. 4th Appellant in W.A.(MD)No.808 of 2016 5.The Headmaster, Government Higher Secondary School, Kariyapatti, Virudhunagar District.
.. 4th Appellant in W.A.(MD)No.809 of 2016 6.The Headmaster, Government Higher Secondary School, Veeracholam, Virudhunagar District.
.. 4th Appellant in W.A.(MD)No.810 of 2016 7.The Headmaster, Government Higher Secondary School, Mathuramalingapuram, Virudhunagar District.
.. 4th Appellant in W.A.(MD)No.811 of 2016 Vs.
S.Selvapandi .. Respondent in W.A.(MD)No.808 of 2016 A.Ganesan .. Respondent in W.A.(MD)No.809 of 2016 M.Packiyam .. Respondent in W.A.(MD)No.810 of 2016 A.Arumugam .. Respondent in WA(MD)No.811 of 2016
COMMON PRAYER: Writ Appeals are filed under Clause XV of Letters of Patent, against the common order dated 19.12.2012, made in W.P.(MD) Nos.15793 and 15462 to 15464 of 2012.
Prayer in WP(MD). 15464/ 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 forth with to regularize the petitioner's service as Full time Water Carrier in Time Scale of pay from the date of completion of 10 years of service i.e. 09.01.2011 and disburse all monetary benefits to the petitioner.
Prayer in WP(MD). 15793/ 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 forth with to regularize the petitioner's service as Full time water carrier in Time Scale of Pay from the date of completion of 10 years of service i.e., 07.08.2001 and disburse all monetary benefits to the petitioner.
Prayer in WP(MD). 15462/ 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 forth with to regularize the petitioner's service as Full time sweeper in Time Scale of pay from the date of completion of 10 years of service i.e. 19.11.2010 and disburse all monetary benefits to the petitioner.
Prayer in WP(MD). 15463/ 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 forth with to regularize the petitioner's service as Full time sweeper in Time Scale of pay from the date of completion of 10 years of service i.e. 16.09.2011 and disburse all monetary benefits to the petitioner.
For Appellants in all the W.As.
: Mr.VR.Shanmuganathan Special Government Pleader For Respondents in all the W.As.
: Mr.R.Arivalagan
JUDGMENT
(Judgment of this Court was delivered by S.MANIKUMAR, J.) With the consent of the learned counsel appearing for the parties, writ appeals are taken up for final hearing.
2.Mr.VR.Shanmuganathan, learned Special Government Pleader submitted that while ordering Notice of Motion in W.P.(MD)Nos.15793 and 15462 to 15464 of 2012, the learned single Judge has directed that the respondents in the appeals should be continued to be engaged and the respondents are working. He has also submitted that the above said writ petitions are still pending on the file of this Court.
3.Submission of the learned Special Government Pleader is placed on record.
4.Considering the fact that the respondents are in continuance engagement from 19.12.2012 and also of the fact that the writ petitions are pending, this Court is not inclined to reverse the order impugned. Accordingly, the writ appeals are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar.
To 1.The Secretary to Government, School Education Department, Fort St. George, Chennai.
2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
3.The District Educational Officer, Aruppukkottai, Virudhunagar District.
4.The Headmaster, Government Higher Secondary School, Vellaiyapuram, Virudhunagar District.
5.The Headmaster, Government Higher Secondary School, Kariyapatti, Virudhunagar District.
6.The Headmaster, Government Higher Secondary School, Veeracholam, Virudhunagar District.
7.The Headmaster, Government Higher Secondary School, Mathuramalingapuram, Virudhunagar District.
+1CC to the Special Government Pleader, SR.No. 24677 W.A.(MD)Nos.808 to 811 of 2016 and CMP(MD)Nos.4961 to 4964 of 2016 27.04.2016 rj2 AM/AAL.MPA/18.05.2016/3P/9C