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Madras High CourtWP(MD)/18869/2020disposed of

T. Ravichandran v. The Secretary

2020-12-21Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY T.Ravichandran ... Petitioner Vs.

1.The Secretary, Government of Tamilnadu, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai - 600 006.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent herein to regularize the petitioner's service from his initial date of appointment from 14.03.2005 till 01.06.2006 with all consequential monetary and service benefits of Teachers in the light of the judgment of this Court in W.P.No.4991 of 2015, dated 30.07.2019 within the period stipulated by this Court. For Petitioner : Mr.G.Anto Prince For R2 & 3 : Mr.N.Shamugaselvam, Additional Government Pleader.

ORDER

This Writ Petition has been filed by the petitioners to direct 1st respondent herein to regularize the petitioner's service from his initial date of appointment from 14.03.2005 till 01.06.2006 with all consequential monetary and service benefits of Teachers in the light of the judgment of this Court in W.P.No.4991 of 2015, dated 30.07.2019.

2.It is the case of the petitioner that the petitioner was appointed as Secondary Grade Teacher on consolidated pay under G.O. (Ms) No.100, School Education Department, dated 27.06.2003. Subsequently, by virtue of G.O(Ms) No.99, School Education Department, dated 27.06.2006, the first respondent has granted time 1/3

scale of pay to the petitioners with effect from 01.06.2006. Thereafter, the third respondent has issued necessary proceedings and paid time scale of pay with effect from 01.06.2006. 3.The main contention of the petitioner is that the petitioner's original date of appointment was not taken into consideration for the purpose of seniority and fixation of salary and pay the monetary benefits with effect from 01.06.2006. In support of his contentions, the petitioner referred the judgment of the Hon'ble Division Bench of this Court in W.A.No.3904 of 2019 dated 13.01.2020, wherein it was held that the teachers are entitled to get the benefits notionally for the purpose of seniority and fixation of salary and pay the monetary benefits with effect from 01.06.2006.

4.The learned Additional Government Pleader appearing for the respondents would fairly submit that in a similar writ petitions, this Court has passed an order to count the service of the teachers from their initial dates of appointments to 01.06.2006 notionally for the purpose of seniority and fixation of salary and pay the monetary benefits with effect from 01.06.2006. 5.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

6.An identical issue came up for consideration before the Hon'ble Division Bench of this Court in W.A.No.3904 of 2019, wherein it was held as follows:- 6.The learned Single Judge has allowed the writ petition, directing the appellants herein to regularize the services of the respondents/writ petitioners from the date of entry into service for the purpose of seniority and extend all monetary benefits following thereof. The learned counsel for the respondents/writ petitioners concedes that the portion of the order which directs payment of monetary benefits from the date of appointment may be deleted. The learned counsel agrees that the seniority of the writ petitioners be reckoned from the date of initial appointment and monetary benefits be given from the date of regularisation, i.e., from 01.06.2006.

7.On perusal of the said judgment, it appears that this Court has passed an order to approve the appointment of the teachers to regularize the service from the date of initial appointment and monetary benefits be given from the date of regularization i.e., from 01.06.2006. In view of the above, this Court directs the respondents to take into account the petitioner's services as Secondary Grade Teacher from his initial date of appointment to 14.03.2005 notionally for the purpose of seniority and fixation of 2/3

salary and pay the monetary benefits with effect from 01.06.2006 within a period of eight weeks from the date of receipt of a copy of this order, on merits and in accordance with law. 8.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1.The Secretary, Government of Tamilnadu, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai - 600 006.

+1 CC to M/s G.Anto Prince,Advocate,in SR.No.26545. 21.12.2020 (SR)CO AP(11/01/2021) 3 P 5C 3/3