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Madras High CourtWP(MD)/20141/2018dismissed

P. Subramanian, v. The State Of Tamil Nadu,

2022-01-04Honourable Dr Justice Anita Sumanth2 pages

W.P.(MD) No.20141 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2022

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No. 20141 of 2018 P. Subramanian

...Petitioner

Vs

1. The State of Tamil Nadu, Represented by its Secretary, School Education Department, Fort St. George, Chennai - 600 009.

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

3. The Chief Educational Officer, O/o. The Chief Educational Officer, Dindigul.

4. The District Educational Officer, O/o. The District Educational Office, Dindigul.

5. The Headmaster, Government Higher Secondary School, Narasinghapuram, Dindigul.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus, directing the respondents to regularize the petitioner's service from 21.01.1982 to 31.10.2012, based on G.O.(Ms) No. 123, School Education Department, dated 17.08.2011 with all consequential benefits, within the time period stipulated by this court and pass orders. For Petitioner : Mr.Karthik for M/s. T. Lajapathi Roy For Respondents : Mr. A. K. Manikkam, Special Government Pleader

ORDER

The mandamus as sought for by the petitioner directing the respondents to regularise his service between the period 21.01.1982 and 31.10.2012 is not liable to be granted in view of the judgments of the Supreme Court in Secretary to Government, https://hcservices.ecourts.gov.in/hcservices/ Page No.1 of 2

W.P.(MD) No.20141 of 2018 School Education, Chennai vs Govindasamy [(2014) 4 SCC 769] and State of Tamil Nadu vs A.Singamuthu [2017 (4) SCC 113], applied by this court in The Commissioner and Director, Animal Husbandry and Veterinary Services vs S. Paramasivam [W.A. 1317 of 2015 dated 18.12.2017].

2. In view of the aforesaid admitted position, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (WRITS) // True Copy // / /2022 Sub Assistant Registrar(CS) mnr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned To

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

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

3. The Chief Educational Officer, O/o. The Chief Educational Officer, Dindigul.

4. The District Educational Officer, O/o. The District Educational Office, Dindigul.

5. The Headmaster, Government Higher Secondary School, Narasinghapuram, Dindigul.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-286[F] dated 05/01/2022) +1 CC to M/s.SPL.GP ( SR-567[F] dated 06/01/2022 ) W.P.(MD)No. 20141 of 2018 04.01.2022 NSN(CO)/SB(20.01.2022) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ Page No.2 of 2