T.Senthil Kumar v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH 1.T.Senthil Kumar 2.V.Christal Stella Bai 3.P.Manjula 4.N.Jothimani 5.V.Shantha Sheela 6.R.Muthumari 7.R.Murugalakshmi 8.R.Gnanasundari 9.P.Chellapandi 10.P.Kala 11.P.Vanitha 12.T.Mala 13.R.Malarmani 14.K.Nagajothi 15.S.Sri Sathiya 16.K.Malarvizhi 17.P.Mathankumar 18.B.Soundrapandian 19.O.R.Vijayalakshmi 20.M.Arputhaalagurani 21.S.Meenakshi 22.J.Sweety Angelin Mersi 1/3
23.B.Mahalakshmi 24.T.Shanthimathi 25.R.Ilampavai Ramanathan 26.R.Santhalakshmi ... Petitioners /vs./ 1.The Secretary, Government of Tamilnadu, School Education Department, Fort St.George, Chennai 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
3.The Director of Elementary Education, School Education, 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, to direct the first respondent herein to regularize the services of the petitioners from their initial dates of appointments till 01.06.2006 with all consequential monetary and service benefits of Teachers in the light of the Judgment of this Court in W.P.(MD).No.4991/2015 dated 30.07.2019, within the time period stipulated by this Court. For Petitioners : Mr.S.Karuppaiah For Respondents : Mr.M.Karuppasamy Government Advocate
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Though the petitioners have sought for issuance of Writ of Mandamus to the respondents to consider the petitioners for regularizing the services of them from their initial dates of appointments till 01.06.2006 with all consequential monetary and service benefits of teachers, in my view, such a decision is to be taken by the respondents and in case, the petitioners are aggrieved against such any decision, it would be appropriate to approach this Court.
3.The petitioners would submit that they have already made a representation on 20.08.2019 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured. 2/3
4.Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.
5.In view of the above observations, there shall be a direction to the third respondent herein to consider the petitioners' representation, dated 20.08.2019, on its own merits and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioners in their representation and it is for the third respondent to consider it in accordance with law. 6.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To:
1.The Secretary, Government of Tamilnadu, School Education Department, Fort St.George, Chennai 600 0009.
2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai 600 006.
+1 CC to M/s.SPL.GP ( SR-2132[F] dated 21/01/2020 ) W.P.(MD)No.26672 of 2019 20.01.2020 mm SDS(03.02.2020) 3P-5C 3/3