P.Palanikumar, v. The State Of Tamiln Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.15369 to 15373 of 2017 P.Palanikumar ... Petitioner in W.P.(MD)No.15369 of 2017 K.Sankarapandian ... Petitioner in W.P.(MD)No.15370 of 2017 S.Susila ... Petitioner in W.P.(MD)No.15371 of 2017 G.Sakunthala ... Petitioner in W.P.(MD)No.15372 of 2017 R.Pandiselvi ... Petitioner in W.P.(MD)No.15373 of 2017 -vs1. The State of Tamil Nadu, Represented by the Principal Secretary, School Education Department, Fort St. George, Chennai-600 009.

2. The Director of Public Libraries, Public Library Department, No.737/1, Annasalai, Chennai-600 002.

... Respondents in all W.P.s

3. The District Library Officer, Madurai, Madurai District.

... Respondent in W.P.(MD)Nos.15369, 15370 & 15373/2017

3. The District Library Officer, Virudhunagar, Virudhunagar District.

... Respondent in W.P.(MD)Nos.15371 and 15372 of 2017 Prayer in all W.Ps: Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of a Writs of Mandamus, directing the respondents to consider and pass orders on their representations dated 14.07.2017 and 17.07.2017 requesting to appoint the petitioners as Grade-III Librarian in accordance with G.O.Ms.No.243, School Education (K1) Department, dated 27.11.2006 with all consequential service and monetary benefits to the petitioners, within the time stipulated by this Court.

For Petitioners : Mr.S.Louis for Mr.T.Lajapathi Roy For Respondents : Mr.R.Karthikeyan Additional Government Pleader COMMON ORDER By consent of both sides, these writ petitions themselves are taken up for final disposal.

2.The petitioners were appointed as part time Village Librarians on 09.02.1994, 09.03.1990, 02.11.1993, 27.05.1992 and 01.01.1996 respectively. Since then, they have been continuously working without any interruption without even the benefit of regularization. In view of the non grant of service regularization, they have come to this Court with writ petitions in W.P.(MD) Nos.13642, 13645, 13647, 13644 and 13643 of 2011 respectively, seeking for a direction to the respondents to appoint the petitioners in the regular vacancies of Full Time Village Librarians with immediate effect from the date of initial appointment and this Court directed the respondents to consider their representations. Finally, they were regularized in the post of Village Librarians by order dated 24.06.2015 and they have been working as Village Librarians. Their further prayer is that they are entitled to be considered for the appointment to post of Grade-III Librarians in the light of G.O.Ms.No.243, School Education (K1) Department, dated 27.11.2006.

3.The learned counsel for the petitioners submitted that G.O.Ms.No.243, School Education (K1) Department, dated 27.11.2006 states that part time Librarians or Village Librarians, who had worked continuously for five years, are entitled to be considered for the post of Grade III Librarians. It is stated that in similar circumstances part time Librarians or Village Librarians, who have completed five years of continous service in their respective category, made representations for their appointment to the post of Grade-III Librarians, when Government issued G.O.Ms.NO.243, School Education (K1) Department, dated 27.11.2006 observing all the qualified and eligible part time Librarians and Village Librarians as Grade III Librarians, the same benefit may be extended to the petitioners also. In this regard, representations were given on 14.07.2017 and 17.07.2017 respectively. But the same have not been considered so far and hence, the petitioners are before this Court with these writ petitions.

4.Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice for the respondents, sought time to consider the pending representations.

5.In view of the said submission, the respondents are directed to consider the petitioners' representations within a period of eight weeks from the date of receipt of a copy of this order.

6.These writ petitions are disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary, School Education Department, The State of Tamil Nadu, Fort St. George,Chennai-600 009.

2. The Director of Public Libraries, Public Library Department, No.737/1, Annasalai, Chennai-600 002.

3. The District Library Officer, Madurai, Madurai District.

4. The District Library Officer, Virudhunagar, Virudhunagar District.

+ 5 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 72972 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 73468 MRN/RR TE/MR-KKR/SAR-IV : 19/09/2017 : 3P/11C W.P(MD)Nos.15369 to 15373 of 2017 17.08.2017