Madras High CourtWP(MD)/24002/2022disposed of

Sither Raja David Samuel.C v. The State Of Tamilnadu

2024-10-01Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P. (MD) No.24707 of 2023 C.Sither Raja David Samuel : Petitioner Vs.

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

2. The Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai-600 006.

3. The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai-600 006.

4. The District Educational Officer, Madurai District, Thallakulam, Madurai-2.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus Mandamus directing the respondents to regularize the petitioner service from 5.10.1996 as done in the case of Unqualified Vocational Instructor as per G.O.Ms.No. 834 1/5

dated 23.9.1994 and G.O.Ms.No. 69 dated 20.3.2007. For Petitioner : Mr.R.Saravanan For Respondents : Mr.M.Senthil Ayyanar Government Advocate

O R D E R

This writ petition has been filed seeking for a mandamus to the respondents to regularise the service of the petitioner from 05.10.1996 as done in the case of Unqualified Vocational Instructor as per G.O.Ms.No. 834 dated 23.09.1994 and G.O.Ms.No. 69 dated 20.03.2007.

2. Heard Mr.R.Saravanan, the learned counsel for the petitioner and Mr.M.Senthil Ayyanar, the learned Government Advocate appearing for the respondents.

3. The learned counsel for the petitioner submitted that he was appointed as Part Time Vocational Teacher on 20.09.1996 and he was regularised in service with effect from 10.06.2002 by order dated 22.05.2007. The grievance of the petitioner is that since he is fully 2/5

qualified on the date of his appointment i.e., on 20.09.1996, he ought to have been regularised from 20.09.1996 or on 05.10.1996 in the light of G.O.Ms.No. 834 dated 23.09.1994 and G.O.Ms.No. 69 dated 20.03.2007. In this regard, he has also submitted a representation to the third respondent dated 23.07.2022 which was not considered till date.

4. Learned counsel for the petitioner further submitted that it is suffice if the petitioner's representation dated 23.07.2022, is considered and disposed of within a time frame, for which, learned Additional Government Advocate has agreed.

5. Considering the limited prayer sought for by the petitioner, this Writ Petition is disposed of with a direction to the third respondent, to consider the representation of the petitioner dated 23.07.2022 on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

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01.10.2024 Index : Yes / No Internet : Yes / No PKN To

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

2. The Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai-600 006.

3. The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai-600 006.

4. The District Educational Officer, Madurai District, Thallakulam, Madurai-2.

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J.SATHYA NARAYANA PRASAD , J.

PKN W.P.(MD) No.24002 of 01.10.2024 5/5