Subbammal .C v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR WP(MD) No. 13375 of 2022 C.Subbammal .....Petitioner Vs 1.The Secretary to Government Government of Tamil Nadu School Education Department Fort St.George Chennai 600 009 2.The Director of School Education D.I.P.Compound, College Road Chennai 600 006 3.The District Educational Officer Karur, Karur District ....Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in O.A.No.66517/A5/E2/2021 dated 27.12.2021 passed by the 2nd respondent and quash the same and consequently directing the respondents to regularize the service of the petitioner as sweeper under the 3rd respondent with effect from 31.12.1992 and confer service benefits including pension.

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For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.N.Satheeshkumar Additional Government Pleader

ORDER

The present writ petition has been filed seeking to quash the order passed by the 2nd respondent herein on 27.12.2021 wherein the request of the petitioner for retrospective regularisation of her services from the date of her initial appointment has been rejected.

2.The petitioner herein was initially appointed as a part time employee in a School. Under G.O.Ms.No.116 School Education Department dated 05.08.2011, her services were regularized from the date of the Government Order.

3.The petitioner herein had preferred WP(MD).No.10307 of 2012 seeking a mandamus to regularise her services from the date of initial appointment that is from 23.12.1991. The said writ petition came to be dismissed on 07.02.2018. The petitioner had preferred WA(MD).No.363 of 2019. The Hon'ble Division Bench was pleased to dismiss the writ appeal on 06.07.2021 with an observation that it is up to the Government to take a decision. Taking a clue from the observation of the Division Bench, the petitioner again approached the authority by way of representation dated 29.11.2021. Relying upon the operative portion of the Division Bench order, 2/6

the representation of the writ petitioner has been rejected under the impugned order dated 27.12.2021. Challenging the same, the present writ petition has been filed.

4.A perusal of the Government order under which the petitioner was regularised, clearly reveals that the regularisation is only from the date of Government Order. In such circumstances without challenging the Government Order, any writ petition would not be maintainable. That apart, the petitioner's attempt to seek regularisation from the date of her initial appointment was not successful in the first round of litigation. Therefore, the petitioner cannot seek regularisation again by relying upon the observations in the Division Bench order. There are no merits in the writ petition. The writ petition stands dismissed. No costs.

04.12.2025 Internet : Yes/No Index : Yes/No NCC : Yes/No msa 3/6

To 1.The Secretary to Government Government of Tamil Nadu School Education Department Fort St.George Chennai 600 009 2.The Director of School Education D.I.P.Compound, College Road Chennai 600 006 3.The District Educational Officer Karur, Karur District 4/6

R.VIJAYAKUMAR, J.

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