Madras High Court
M.M.Saseetharan vs Government Of Tamil Nadu on 7 December, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.(MD)No.1724 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:07.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.1724 of 2020
and
W.M.P(MD)No.1466 of 2020
and
W.P(MD)Nos.11889 & 11890 of 2021
and
W.M.P(MD)Nos.9331 and 9332 of 2021
1.M.M.Saseetharan
2.A.Balakrishnan
3.A.Karthikeyan
4.P.Kumaresan
5.C.Saravanarajan
6.P.Sridharan
7.D.Jeevanandam
8.G.Jeyapriya
9.A.Sakthivel
10.I.Suresh Kumar
11.S.Salai Arun Mani
12.C.Selvam
13.S.Kavitha
14.G.Parameshwari
15.J.Buvaneswari
16.S.Maladevi
17.M.Geetha
18.M.Sathiya Rekha
19.T.Palanivel
20.P.Chakkarapani
21.P.Boovaiyarkkarasi
22.P.Karthikeyini
23.T.Sasikala ... Petitioners in W.P(MD)No.1724 of 2020
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W.P.(MD)No.1724 of 2020
R.Gajalakshmi ... Petitioner in W.P(MD)No.11889 of 2021
J.Prathiba ... Petitioner in W.P(MD)No.11890 of 2021
Vs.
1.Government of Tamil Nadu,
Represented by its Principal Secretary,
School Education Department,
Fort St. George,
Chennai – 9.
2.Director of School Education,
DPI Campus,
Nungambakkam,
College Road,
Chennai.
3.The Joint Director of School Education (Vocational),
DPI Campus,
Nungambakkam,
College Road,
Chennai. ... Respondents in all W.Ps.
Prayer in W.P(MD)No.1724 of 2020:Writ Petition filed under Article 226 of
the Constitution of India, to issue a Writ of Mandamus, directing the
respondents to include the names of the petitioners to the post of Higher
Secondary School Headmaster by counting the services of the petitioners with
effect from August, 2004, by regularizing the service of the petitioners in the
post of P.G. Assistant with effect from 01.08.2004 for the purpose of seniority
alone with consequential service benefits.
Prayer in W.P(MD)Nos.11889 & 11890 of 2020:Writ Petitions filed under
Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing
the respondents to include the names of the petitioners to the post of Higher
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W.P.(MD)No.1724 of 2020
Secondary School Headmaster by counting the services of the petitioners with
effect from August, 2004, for the purpose of seniority alone with consequential
service benefits.
(In All W.Ps)
For Petitioners : Mrs.Porkodi Karnan for
M/s.Polax Legal Solutions
For Respondents : Mr.S.P.Maharajan,
Special Government Pleader
COMMON ORDER
The issue arises in the writ petitions is one and the same, the writ petitions are disposed by way of this common order.
2. These writ petitions have been filed for a direction to the respondents to include the names of the petitioners to the post of Higher Secondary School Headmaster, by counting the services of the petitioners with effect from August, 2004, for the purpose of seniority alone with consequential service benefits.
3. The case of the petitioners is that they were appointed as Computer Instructor on various dates. However, their services were not regularized and thereafter, the petitioners' post was upgraded as Computer Instructor Grade – I in terms of G.O.Ms.No.26(School Education Department), dated 12.02.2019. https://www.mhc.tn.gov.in/judis 3/6 W.P.(MD)No.1724 of 2020 The grievance of the petitioners is that their candidature was not considered to the post of Headmaster, for which, the petitioners made a representation before the respondents on 16.06.2019 and 02.06.2021 respectively and requesting to fix the petitioners' post as Feeder category to the post of Headmaster. But, till date no order was passed. Therefore, the petitioners have filed the present writ petitions with the aforesaid prayer.
4. The learned counsel appearing for the petitioners would submit that it would suffice, if the first and second respondents are directed to dispose of the representation of the petitioners, dated 16.06.2019 and 02.06.2021 respectively, on merits and in accordance with law, within a specified period.
5. The learned Special Government Pleader appearing for the respondents 1 and 2, has no serious objection for such an order being passed by this Court.
6. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of the matter, directs the first and second respondents to consider the petitioners' representation, dated 16.06.2019 and 02.06.2021 respectively and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of https://www.mhc.tn.gov.in/judis 4/6 W.P.(MD)No.1724 of 2020 receipt of a copy of this order.
7. With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
07.12.2022 pm To
1.The Principal Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai – 9.
2.Director of School Education, DPI Campus, Nungambakkam, College Road, Chennai.
3.The Joint Director of School Education (Vocational), DPI Campus, Nungambakkam, College Road, Chennai.
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pm W.P.(MD)Nos.1724, 11889 and 11890 of 2021 07.12.2022 https://www.mhc.tn.gov.in/judis 6/6