H.Kumaresan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P.(MD)No.20534 of 2019 1.H.Kumaresan 2.M.Balasubramanian 3.T.Senthil Kumar 4.T.Manjula 5.A.Gunam 6.K.Chellaraja 7.M.Sankaralingam 8.R.Thirunavkarasu 9.M.Nithya 10.M.Jagadeeswari 11.M.Ezhil @ Papathi 12.D.Dinesh Kumar 13.K.Ramesh 14.P.Dulasi Doss 15.M.Merlin Sam Mani Raj 16.M.Thangaraj 17.A.Subramanian 18.S.Thiripuraselvam 19.M.Karumalai Rajan ... Petitioners -Vs1. The State of Tamil Nadu, Represented by the Principal Secretary to Government, Department of School Education, Fort St. George, Chennai-600 009.

2. The Director of School Education, O/o. The Director of School Education, DPI Campus, College Road, Chennai-600 006.

3. The State Project Director, Samagra Siksha Abhiyan (SSA), DPI Campus, College Road, Chennai-600 006. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to regularize the petitioners' service in the post of Part Time Instructors (Art Education, Health and Physical Education, Work Education) with effect from the date of their initial appointment and provide all other consequential benefits within the time limit that may be stipulated by this Court.

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For Petitioners : Mr.T.Lajapathi Roy For R1 and R2 : Mr.M.Karuppasamy, Government Advocate.

ORDER

This Writ Petition is filed to direct the respondents to regularize the petitioners' service in the post of Part Time Instructors (Art Education, Health and Physical Education, Work Education) with effect from the date of their initial appointment and provide all other consequential benefits within the time limit that may be stipulated by this Court.

2.Mr.M.Karuppasamy, learned Government Advocate takes notice on behalf of the respondents 1 and 2. Notice to the third respondent is dispensed with, since no adverse order is going to be passed against the third respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.Though various averments have been raised in the affidavit filed in support of this Writ Petition, when the matter is taken up for admission, the learned counsel appearing for the petitioners submitted that if a direction is issued to the respondents to pass orders on the representation of the petitioners, it would suffice. 4.Considering the abovesaid submission made by the learned counsel appearing for the petitioners, this Court directs the respondents to consider the representation of the petitioners, on merits and pass orders, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Myr 2/3

To 1.The Principal Secretary to Government, State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 009.

2.The Director of School Education, O/o. The Director of School Education, DPI Campus, College Road, Chennai-600 006.

1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-98197[F] dated 14/11/2019 sma/02/12/19/3p/4C W.P.(MD)No.23923 of 2019 13.11.2019 3/3