Madras High Court
V.Natarajan vs The State Of Tamil Nadu on 21 April, 2021
W.A.(MD)No.901 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.901 of 2021
and
C.M.P(MD)No.4049 of 2021
V.Natarajan ... Appellant / Petitioner
Vs.
1.The State of Tamil Nadu,
represented by its Secretary to Government
School Education Department,
Secretariat,
Chennai-600 009.
2.The Director School Education,
DPI Campus, College Road,
Chennai-600 006.
3.The District Educational Officer,
Theni District,
Theni.
4.The District Educational Officer,
Uthamapalayam,
Theni District.
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1/6
W.A.(MD)No.901 of 2021
5.The Assistant Elementary Educational Officer,
Cumbum,
Theni.
6.The Headmaster,
Government High School,
Uthamapalayam,
Theni District.
7.The Principal Accountant General of Tamil Nadu (A&E)
361, Annasalai,
Teynampet,
Chennai - 600 018. ... Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 28.06.2019 made in W.P.(MD)No.7342 of 2013 on the
file of this Court.
For Appellant : Mr.K.Prabhu
For Respondents 1 to 6 : Mrs.S.Srimathy,
Special Government Pleader
For 7th Respondent : Mr.P.Gunasekaran
Standing Counsel
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
This writ appeal filed by the appellant is directed against the order
dated 28.06.2019 passed in W.P.(MD)No.7342 of 2013.
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W.A.(MD)No.901 of 2021
2.We have heard Mr.K.Prabhu, learned Counsel for the appellant and
Mrs.S.Srimathy, learned Special Government Pleader for the respondents 1 to 6
and Mr.P.Gunasekaran, learned Counsel appearing for the seventh respondent.
3.The appellant filed the writ petition praying for a direction to
consider his representation, dated 26.11.2012 and regularise the service with
fixation of pay in the time scale of Rs.200-5-300 with effect from 09.04.1980.
4.We have perused the impugned order and we find that the learned
Writ Court was perfectly right in dismissing the writ petition noting that the
appellant was regularised in service from the year 1995 on attaining the
superannuation in the year 2011. Thereafter, he submitted a representation on
26.11.2012 and alleging that the same was not been considered, filed the Writ
Petition in the year 2013. Admittedly, the past services were taken into
consideration for the purpose of regularization of the appellant. Therefore, the
appellant would not be justified in making a claim for retrospective
regularization and that too, after he retired from the service.
5. Reliance placed on the orders passed by the Tamil Nadu
Administrative Tribunal in O.A.No.2258 of 1991, dated 17.11.1992, can, in no
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W.A.(MD)No.901 of 2021
manner, improve the case of the appellant as there is no direction by the
Tribunal to regularize the services of the appellant with retrospective effect.
Hence, there are no grounds made out to interfere with the orders passed in the
Writ Petition.
6. Accordingly, the writ appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is also dismissed.
[T.S.S., J.] & [S.A.I., J.]
21.04.2021
Index : Yes / No
Internet : Yes / No
RM
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 State of Tamil Nadu,
represented by its Secretary to Government
School Education Department,
Secretariat,
Chennai-600 009.
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W.A.(MD)No.901 of 2021
2.The Director School Education,
DPI Campus, College Road,
Chennai-600 006.
3.The District Educational Officer,
Theni District,
Theni.
4.The District Educational Officer,
Uthamapalayam,
Theni District.
5.The Assistant Elementary Educational Officer,
Cumbum,
Theni.
6.The Headmaster,
Government High School,
Uthamapalayam,
Theni District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.901 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.901 of 2021
21.04.2021
https://www.mhc.tn.gov.in/judis/
