The Principal Secretary v. V. Annamuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.P.SAHI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.[MD]No.902 of 2015 and M.P.[MD]No.2 of 2015 1.The Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 9.

2.The Director of School Education, DPI Compound, College Road, Chennai - 6.

3.The District Educational Officer, Paramakudi Educational District, Paramakudi, Ramanathapuram.

: Appellants / Respondents Vs.

V.Annamuthu : Respondent / Petitioner PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 26.06.2013 passed in W.P(MD)No.7885 of 2013. Prayer in WP(MD). 7885/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS or any other appropriate writ or order or direction in the nature of writ of mandamus directing the respondents to appoint the petitoner in regular time scale either as Sweeper or Scavenger as per the orders issued by the State Government and regularize the petitioners service from the date of her initial appointment and pass such further or other orders.

For Appellants : Mrs.S.Srimathy Special Government Pleader For Respondent : Mr.J.Parekh Kumar 1/3

JUDGMENT

************** [Judgment of the Court was delivered by THE HONOURABLE CHIEF JUSTICE] We have considered the submissions raised by the learned counsel for the appellants / State and we have also perused the Government Order in G.O.Ms.No.528, Personal and Administrative Reforms (PER.F.) Department, dated 10.10.1988, the production whereof was required by us vide earlier order dated 17.12.2019 in this appeal.

2.The contention of the learned counsel for the State is that in the absence of any regular vacancy, the question of applying the G.O.Ms.No.528 does not arise in the present controversy and therefore, the Judgment of the learned Single Judge extending the benefit of regular appointment to a part time employee is unjustified, for which, reliance is placed by the learned counsel on the Judgment of the Apex Court in the case of SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, CHENNAI v. R.GOVINDASWAMY AND OTHERS, decided on 21st February, 2014.

3.We have perused the said Judgment and verified that the same proceeded only to consider the impact of Judgments arising out of the other High Courts without discussing the impact of the relevant Government Orders or the provisions applicable to the controversy as presently involved. In our opinion, the Judgement, therefore, would not squarely apply to this case. The Judgment in the case of STATE OF TAMIL NADU v. A.SINGAMUTHU, reported in 2017

(4) SCC 113, also would not be applicable keeping in view the fact that G.O.Ms.No.22 was of the year 2006 dealing with regularisation from the date of appointment or from the date of regularisation.

4. In the present case, the post occupied by the respondent / petitioner is that of a Sweeper / Scavenger in a Government Higher Secondary School on part time basis, where the respondent has been continuing for the past 22 years. This Court, even otherwise, cannot imagine a school having thousands of children to be looked after for health and hygiene with the aid of a part time employee, that too, even a single Sweeper. We, therefore, find that the State Government rightly came up with a scheme for regular appointments and even assuming for the sake of argument that G.O.Ms.No.

528, would not consequently apply keeping in view the nature of the vacancy or otherwise even, we are not inclined to interfere with the impugned Judgment on the ground that the post of a Sweeper or Scavenger in a Government school is a sine qua non and such post deserves to be made available to an institution keeping in view the nature of the requirement.

State to contest any other case, on the issue of Law, that may be involved therein.

5.The Writ Appeal is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) rj2 1.The Principal Secretar to Government, School Education Department, Fort St.George, Chennai - 9.

2.The Director of School Education, DPI Compound, College Road, Chennai-6.

3.The District Educational Officer, Paramakudi Educational Department, Paramakudi, Ramanathapuram.

+1 CC to M/s.SPL.GP ( SR-8134[F] dated 25/02/2020 ) +1 CC to M/s.J.PAREKHKUMAR, Advocate ( SR-8587[F] dated 26/02/2020 ) W.A.[MD]No.902 of 2015 and M.P.[MD]No.2 of 2015 24.02.2020 rj2 KK/06.03.2020/3P-6C 3/3