Tamil Nadu Post Graduate v. The Secretary To Government

W.P.(MD)No.22684 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.22684 of 2015 Tamilnadu Post Graduate Teachers Association Rep.by its Legal Secretary, Mr.M.Prabhakar ... Petitioner Vs.

1.The Secretary to Government School Education Department, Fort St.George, Chennai.

2.The Director of School Education, College Road, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 29.06.2015 made by the petitioner's association, by regularizing service of the members of the petitioner Association as Post Graduate Teachers with effect from the date of their original appointment with all the service, attendant and monetary benefits.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

The Tamil Nadu Post Graduate Teachers Association filed the present Writ Petition for a direction, to direct the respondents to consider the representation, dated 29.06.2015 for regularization of the services of the Members of the Petitioner Association.

2. The petitioner have not even enclosed the list of members, who all are the affected persons seeking the regularization. This apart, grant of regularization is an individual service matter and an association cannot file the Writ Petition for the purpose of regularization of the services of its member. Regularization of services involves the service particulars of each and every employee with reference to the eligibility and in accordance with Rules in force. Such a relief cannot be construed as a common relief so as to permit the petitioner Association to file the present writ petition. If at all the individual member of the Association are agreed, they are at liberty to approach the competent Forum for the purpose of https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.22684 of 2015 redressal of their grievances. Contrarily, a Writ Petition under Article 226 of the Constitution of India, by an Association seeking regularization of the services of the employees is not entertainable and accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) MPK To 1.The Secretary to Government School Education Department, Fort St.George, Chennai.

2.The Director of School Education, College Road, Chennai.

+1 CC to M/s.GP ( SR-25716[F] dated 16/12/2020 ) W.P.(MD)No.22684 of 2015 15.12.2020 KVN(CO) KK(22.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/