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Madras High CourtWP(MD)/14571/2023disposed of

Seeman .K v. The State Rep. By Its

2023-08-07Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Seeman ... Petitioner Vs.

1.The State represented by its Secretary, Department of School Education, Secretariat, Chennai.

2.The Director, Directorate of School Education, College Road, DPI Complex, Chennai.

3.The Chief Educational Officer, Sivagangai District, Sivagangai.

4.The District Educational Officer, Sivagangai District, Sivagangai.

5.The Secretary, Somasundaram Chettiyar Higher Secondary School, Okkur, Sivagangai District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to regularize the petitioner's service as Vocational Instructor (Agriculture) from the date of his appointment and provide all the consequential benefits from the said date by considering the petitioner's representation, dated 23.05.2023. For Petitioner : Mr.V.Malaiyendran For R-1 to R-4 : Mr.N.Ramesh Arumugam Government Advocate For R-5 : No appearance

ORDER

The present writ petition has been filed seeking direction to the respondents to regularize the petitioner's service as Vocational Instructor (Agriculture) from the date of his appointment and provide all the consequential benefits from the said date by considering the petitioner's representation, dated 23.05.2023.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate for the respondents 1 to 4 and carefully perused the materials available on record.

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3. The petitioner is working from 01.09.2006 as Agricultural Teacher (IT) in the fifth respondent School. As per G.O(Ms)No.712, dated 28.05.1999, there are 800 fully qualified double part-time Vocational Instructors, who were appointed and another 587 persons were appointed as Vocational double parttime Instructors vide G.O(Ms)No.967, dated 16.10.1992. On the basis of the order passed in O.A.No.3280 of 1992, dated 18.06.1999, G.O(Ms)No.834 was passed by the School Education, Science and Technology Department on 23.09.1994 1387 vacancies of the Vocational part-time Instructors were regularised.

4. The petitioner made a representation on 23.05.2023 to regularise his service as Vocational Instructor as Agriculture from the date of his appointment in par with the others, who were regularised vide G.O(Ms)No.834 of the School Education, Science and Technology Department, dated 23.09.1994. Without going into the merits of this case, this Court is inclined to direct the third respondent to consider the representation of the petitioner, dated 23.05.2022 in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.

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5. This writ petition stands disposed of. There shall be no order as to costs.

07.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Secretary, Department of School Education, Secretariat, Chennai.

2.The Director, Directorate of School Education, College Road, DPI Complex, Chennai.

3.The Chief Educational Officer, Sivagangai District, Sivagangai.

4.The District Educational Officer, Sivagangai District, Sivagangai.

5.The Secretary, Somasundaram Chettiyar Higher Secondary School, Okkur, Sivagangai District.

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L.VICTORIA GOWRI, J.

BTR 07.08.2023 5/5