Muthusamy v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.7859 of 2017 Muthusamy ...Petitioner Vs.

1.The Principal Secretary, Government of Tamil Nadu, School Education Department, Fort.St.George, Chennai-600 009 2.The Director, Public Library Department, Directorate of Public Libraries, No: 737/1, Annasalai, Chennai- 600 002.

3.The District Library Officer, 2/32, North High Ground Road, Palayamkottai, Tirunelveli- 627 002.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents No-1 to 3 to regularize the service of the Petitioner in the post of Librarian Grade No-3 with all monitory and other attendant benefits with effect from the date of completion of ten years of service i.e. From 18.03.2003 by considering the Petitioner's representation dated 30.03.2017 in the light of the G.O.Ms.No.111 dated 09.05.2012 and G.O.Ms.No:67 dated 18.04.2013 on the file of the 1st respondent school Education Department within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.V.Pandi Government Advocate

O R D E R

This Writ petition has been filed by the petitioner, directing directing the Respondents No-1 to 3 to regularize the service of the Petitioner in the post of Librarian Grade No-3 with all monitory and other attendant benefits with effect from the date of completion of ten years of service i.e. From 18.03.2003 by considering the Petitioner's representation dated 30.03.2017 in the light of the G.O.Ms.No.111 dated 09.05.2012 and G.O.Ms.No:67 https://hcservices.ecourts.gov.in/hcservices/

dated 18.04.2013 on the file of the 1st respondent school Education Department within a stipulated time that may be fixed by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. Mr.V.Pandii, learned Government Advocate takes notice for the respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents 1 to 3 to consider the representation of the petitioner, dated 30.03.2017.

5. Considering the limited scope of the request of the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondents 1 to 3 are directed to consider the representation of the petitioner, dated 30.03.2017, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

5. Accordingly, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary, Government of Tamil Nadu, School Education Department, Fort.St.George, Chennai-600 009 2.The Director, Public Library Department, Directorate of Public Libraries, No: 737/1, Annasalai, Chennai- 600 002.

3.The District Library Officer, 2/32, North High Ground Road, Palayamkottai, Tirunelveli- 627 002.

+One cc to Mr.R.Karunanidhi, Advocate, SR.No.54049 +One cc to The Special Government Pleader, SR.No.54725 TA/SM RL/6C/2P/MR/SAR3/12.5.2017 ORDER MADE IN W.P.(MD).No.7859 of 2017 (2/2) https://hcservices.ecourts.gov.in/hcservices/ 26.04.2017