Madras High Court
C.Dhanapal vs The Government Of Tamil Nadu on 28 April, 2021
W.P.No.10189 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.No.10189 of 2021
1.C.Dhanapal
2.S.Jahangeer Hussain
3.V.Chokkar
4.N.Mangalanathan
5.P.Palanisamy
6.P.Ravi Kumar
7.K.Jansi
8.S.Periyasamy
9.M.Kabilan
10.A.Balasubramanian ... Petitioners
Vs.
1.The Government of Tamil Nadu,
Rep.by its Secretary to Government,
School Education Department,
Secretariat, Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Joint Director of School Education,
College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Madurai District,
Madurai – 2.
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W.P.No.10189 of 2021
5.The Chief Educational Officer,
Ramanathapuram,
Ramanathapuram District.
6.The Chief Educational Officer,
Virudhunagar,
Virudhunagar District.
7.The Chief Educational Officer,
Theni, Theni District.
8.The Chief Educational Officer,
Karur, Karur District. ... Respondents
Prayer: Writ petition filed under Article 226 of Constitution of India praying to
issue a writ of mandamus, directing the respondents to extend the benefits of
the G.O.(2D) No.7, School Education Department, dated 23.02.2012 and
G.O.(2D) No.158, School Education Department, dated 13.11.2015 and
G.O.(2D0 No.3 to 6, School Education Department, dated 11.02.2021 to fix the
Regular Time Scale of pay of the petitioners in the cadre of vocational Instructor
Grade – I with effect from 20.09.1996 without monitary benefits to the
petitioners, in the light of the order passed by this Hon'ble High Court in
W.P.No.19686 of 2014 in order dated on 25.02.2015, and W.P.No.32391 &
32394 of 2014 dated 05.07.2015.
For Petitioner : Mr.S.Mani
For Respondents : Mr.P.V.Selvakumar
Additional Government Pleader
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W.P.No.10189 of 2021
ORDER
Mr.P.V.Selvakumar, learned Additional Government Pleader takes
notice on behalf of the respondents. By consent, the Writ Petition is taken up for
final disposal.
2. The petitioners are appointed as Part Time Vocational
Instructors on 28.06.1993. In the light of the G.O.Ms.No.74, School Education
Department, their services were regularized with effect from 10.06.2002.
Thereafter, on 20.03.2007, as per G.O.Ms.No.69, Education Department, their
posts were upgrated as Vacation Instructor Grade – I, with effect from
10.06.2002 and monitory benefits from 08.07.2004. Since the monitory benefits
were not paid in the light of the Government Order, similarly placed persons
have approached this Court and this Court allowed the writ petitions and
regularized the services from the appropriate date given on notional basis and
actual monetary benefits from 01.07.2004. However, in the case of the
petitioners, such benefits were not granted. Therefore, the petitioners
approached this Court for appropriate relief.
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W.P.No.10189 of 2021
3. It is noted that in W.P.Nos.19686 to 19688 of 2015 dated
25.02.2015, this Court directed the respondents to consider the claim made by
the petitioner for retrospective regularization in the light of the order in
G.O.(2D) No.7 School Education Department, dated 23.02.2012. It is made
clear that no monetary benefits would be given to the petitioner and
retrospective regularization would be for the purpose of counting the total
service for other purposes. Thereafter, many of the similarly placed persons
approached this Court in W.P.Nos.32391 to 32394 of 2015, wherein this Court
by its order dated 05.07.2018, allowed the prayers and granted regularization
and actual monetary benefits from 08.07.2004. In the case of the petitioner
only, such benefits were not granted. Aggrieved over the same, the petitioners
are before this Court.
4. Heard the submissions made on either side and perused the
materials available on record.
5. Considering the facts and circumstances of the case, a direction
is issued to the fifth respondent to consider the representation of the petitioners
dated 16.02.2021, in the light of the above judgment as well as the Government
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W.P.No.10189 of 2021
Orders and pass orders on merits and in accordance with law within a period of
six weeks from the date of receipt of a copy of this order.
6. The writ petition is disposed of accordingly. No costs.
28.04.2021
Pns
Index:Yes/No
Internet:Yes/No
Speaking Order/Non Speaking Order
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W.P.No.10189 of 2021
To
1.The Secretary to Government,
Government of Tamil Nadu,
School Education Department,
Secretariat, Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Joint Director of School Education,
College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Madurai District,
Madurai – 2.
5.The Chief Educational Officer,
Ramanathapuram,
Ramanathapuram District.
6.The Chief Educational Officer,
Virudhunagar,
Virudhunagar District.
7.The Chief Educational Officer,
Theni, Theni District.
8.The Chief Educational Officer,
Karur, Karur District.
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W.P.No.10189 of 2021
M. GOVINDARAJ, J.
Pns
W.P.No.10189 of 2021
28.04.2021
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