T.Mullai Venthan v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Mullai Venthan ... Petitioner Vs.

1.The Secretary School Education Department, Secretariat, Chennai-600 009.

2.The Director Elementary Education, D.I.E Campus, College Road, Nungambakkam, Chennai-600 006.

3.The Chief Educational Officer, O/o.Chief Educational Office, Tirunelveli-627 009.

4.The District Elementary Education Officer, O/o.The District Elementary Education, Swamy Nellaiyappar High Road, Tirunelveli-627 001, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to regularize the services and to fix the seniority with effect from 21.10.2004 in the post of Secondary Grade Teacher and to grant all consequent and attendant benefits.

For Petitioner : Mr.K.Esakki for M/s.Monica Vincent For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader

O R D E R

This writ petition is filed to direct the respondents to regularize his services and to fix the seniority with effect from 21.10.2004 in the post of Secondary Grade Teacher and to grant all consequent and attendant benefits.

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2.The case of the petitioner is that he participated in the process of selection of Secondary Grade Teacher and he was also called for certificate verification on 11.01.2002 and thereafter, the eligible candidates were appointed immediately. However, the petitioner was given an appointment as Junior Secondary Grade Teacher in the year 2004. Therefore, the petitioner has made a representation on 11.04.2015 to regularize his service from 21.10.2004. Till date, the respondents have not taken any action. Hence, the present writ petition is filed.

3.The learned counsel appearing for the petitioner submitted that it would suffice, if the fourth respondent is directed to consider the petitioner's representation dated 11.04.2015, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents, has no serious objection for such an order being passed by this Court.

5.Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the fourth respondent to consider the petitioner's representation dated 11.04.2015 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) NS To 1.The Secretary School Education Department, Secretariat, Chennai-600 009.

2.The Director Elementary Education, D.I.E Campus, College Road, Nungambakkam, Chennai-600 006.

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3.The Chief Educational Officer, O/o.Chief Educational Office, Tirunelveli-627 009.

4.The District Elementary Education Officer, O/o.The District Elementary Education, Swamy Nellaiyappar High Road, Tirunelveli-627 001, Tirunelveli District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER(SR-7488[F] dated 26/02/2021) Order made in 25.02.2021 NSM(CO) SRS (18/03/2021) 3P : 6C 3/3