R.Venkatramani v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) Nos.20889, 20890, 20892, 20893, 20894, 20895, 20898, 20900, 20901, 20903, 20904, 20905 and 20906 of 2019 1.R.Venkatramani ... Petitioner in WP(MD).No.20889 of 2019 2.C.R.Jayasree ... Petitioner in WP(MD).No.20890 of 2019 3.V.Murugavel ... Petitioner in WP(MD).No.20892 of 2019 4.Immanuel ... Petitioner in WP(MD).No.20893 of 2019 5.M.Vadivel ... Petitioner in WP(MD).No.20894 of 2019 6.M.Rajula ... Petitioner in WP(MD).No.20895 of 2019 7.R.Radha ... Petitioner in WP(MD).No.20898 of 2019 8.S.Sangeetha ... Petitioner in WP(MD).No.20900 of 2019 9.R.Jeyarani ... Petitioner in WP(MD).No.20901 of 2019 10.K.Sonia ... Petitioner in WP(MD).No.20903 of 2019 11.K.Sivasankar ... Petitioner in WP(MD).No.20904 of 2019 12.S.Deva Arul Raja ... Petitioner in WP(MD).No.20905 of 2019 13.G.Saranatha Gopalan ...

Petitioner in WP(MD).No.20906 of 2019 -Vs1.The State of Tamil Nadu Represented by its Principal Secretary to Government School Education Department Secretariat Fort St.George Chennai 600 009 2.The State of Tamil Nadu Represented by its Additional Chief Secretary to Government School Education Department Secretariat Fort St.George Chennai 600 009 3.The Director of School Education Office of the Director of School Education DPI Campus, College Road Chennai 600 006 4.

...Respondents in all the

Writ Petitions 1/5

PRAYER IN WP(MD).No.20889 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 03.03.2012 in the cadre of Computer Instructor and by considering the petitioner's representation dated 28.09.2018 within the period PRAYER IN WP(MD).No. 20890 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 02.03.2012 in the cadre of Drawing Instructor and by considering the petitioner's representation dated 26.07.2019 within the period PRAYER IN WP(MD).No. 20892 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 03.03.2012 in the cadre of Computer Instructor and by considering the petitioner's representation dated 26.07.2019 within the period PRAYER IN WP(MD).No.

20893 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 26.03.2012 in the cadre of Health and Physical Education Instructor and by considering the petitioner's representation dated 27.07.2019 PRAYER IN WP(MD).No.20894of 2019: Writ Petition filed under service with effect from the date of appointment ie. 03.03.2012 in the cadre of Health and Physical Education Instructor and by considering the petitioner's representation dated 01.10.2018 PRAYER IN WP(MD).No. 20895 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 26.03.2012 in the cadre of Music Instructor and by considering the petitioner's representation dated 24.07.

PRAYER IN WP(MD).No. 20898 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 03.03.2012 in the cadre of Computer Instructor and by considering the petitioner's representation dated 06.08.2019 within the period PRAYER IN WP(MD).No.20900 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 03.03.2012 in the cadre of Physical and Health Education Instructor and by considering the petitioner's representation dated 07.08.2019 PRAYER IN WP(MD).No.20901of 2019: Writ Petition filed under service with effect from the date of appointment ie. 02.03.2012 in the cadre of Drawing Instructor and by considering the petitioner's representation dated 08.08.2019 within the period PRAYER IN WP(MD).No.

20903 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 02.03.2012 in the cadre of Drawing Instructor and by considering the petitioner's representation dated 08.08.2019 within the period PRAYER IN WP(MD).No.20904 of 2019: Writ Petition filed under service with effect from the date of appointment ie.03.03.2012 in the cadre of Computer Instructor and by considering the petitioner's representation dated 25.07.2019 within the period PRAYER IN WP(MD).No.20905 of 2019: Writ Petition filed under service with effect from the date of appointment ie. 03.03.2012 in the cadre of Drawing Instructor and by considering the petitioner's representation dated 06.08.

PRAYER IN WP(MD).No. 20906 of 2019: Writ Petition filed under service with effect from the date of appointment ie.03.03.2012 in the cadre of Health and Physical Education Instructor and by considering the petitioner's representation dated 27.08.2019 For Petitioner : Mr.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates (In all the Writ Petitions) For R1 to R3 : Mr.K.Karuppasamy Government Advocate (In all the Writ Petitions ) COMMON ORDER Since the issues involved in these Writ Petitions are one and the same, these Writ Petitions are heard together and disposed of by way of this common order.

2.According to the petitioners, they are appointed as Computer Instructors, Drawing Instructors, Health and Physical Education Instructors, respectively, on the basis of temporary and consolidated pay. Hence, all the petitioners have given representations to the first respondent on various dates namely, 28.09.2018, 01.10.2018, 26.07.2019, 27.07.2019, 24.07.2019, 06.08.2019, 07.08.2019, 08.08.2019, 25.07.2019, 06.08.2019 and 27.08.2019, respectively, for regularisation of their services, but, no action has been taken so far. Hence, the petitioners have come out with the present Writ petitions.

3.The learned Government Advocate appearing for the respondents submitted that the petitioners are appointed only temporarily on part time basis and hence, they are not entitled for regularisation.

4. The learned Senior Counsel appearing for the petitioners submitted that it would suffice, if a direction is issued to the respondents to consider the representation of the petitioners on merits.

5.Heard Mr.Ajmal Khan, learned Senior counsel appearing for the petitioners and Mr.M.Karuppasamy, learned Government Advocate appearing for the respondents 1 to 3.

6.In view of the submission made by the learned Senior 4/5

Counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents 1 to 3, without deciding the issue on merits, the respondents are directed to consider the representation of the petitioners, dated 28.09.2018, 01.10.2018, 26.07.2019, 27.07.2019, 24.07.2019, 06.08.2019, 07.08.2019, 08.08.2019, 25.07.2019, 06.08.2019 and 27.08.2019, respectively, and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7.With the above direction, these Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) msa To 1.The Principal Secretary to Government The State of Tamil Nadu School Education Department Secretariat Fort St.George Chennai 600 009

2. The Additional Chief Secretary to Government The State of Tamil Nadu School Education Department Secretariat Fort St.George Chennai 600 009 3.The Director of School Education Office of the Director of School Education DPI Campus, College Road Chennai 600 006 +13 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-90124[F] dated 27/09/2019 ) +1 CC to M/s.SPL GP ( SR-90561[F] dated 30/09/2019 ) W.P.(MD) Nos.20889, 20890, 20892, 20893, 20894, 20895, 20898, 20900, 20901, 20903, 20904, 20905 and 20906 of 2019 27.09.2019 KM/(18.10.2019) 5P 18C 5/5