Madras High Court
Unknown vs T.Leelavathi Amma on 29 June, 2021
W.A.(MD).No.1591 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.06.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD).No.1591 of 2018
and
CMP(MD).No.11393 of 2018
1. The State of Tamil Nadu,
Rep. By its Secretary, (Education)
Secretariat,
St.George Fort,
Chennai – 600 009.
2. The Directorate of School Education,
Represented by its Director,
Chennai – 600006.
3. The Joint Director of School Education,
O/o. Directorate of School Education,
Chennai – 600 006.
4. The Chief Educational Officer,
Kanyakumari District,
District Educational Officer,
Nagercoil – 62900,
Kanyakumar District.
1/6
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W.A.(MD).No.1591 of 2018
5. The District Educational Officer,
Thuckalay Educational District,
Thuckalay – 629175,
Kanyakumar District.
6. The Headmaster,
Government Higher Secondary School,
Thuckalay – 629175. ...Appellants
Vs.
T.Leelavathi Amma ....Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent Act, to
allow this Writ Appeal by setting aside the order passed in W.P.(MD).No.
12912 of 2011 dated 23.01.2014 on the file of this Court.
For Appellants : Mr.R.Baskaran
Standing Counsel for Govt.
For Respondent : Mr.V.M.Balamohan Thambi.
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This Writ Appeal is directed against the order dated 23.01.2014
made in W.P.(MD)No.12912 of 2011.
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W.A.(MD).No.1591 of 2018
2.The respondent filed a writ petition praying for issuance of writ
of Mandamus to regularize her service by taking note of date of her
appointment on part time basis i.e., 15.09.1982.
3. The respondent placed reliance on the Government Order in
G.O.Ms.No.22, Personal and Administrative Reforms (F) Department,
dated 28.02.2006 and sought for regularization on completion of 10 years
of service as on 01.01.2006. The Writ Petition was disposed of by
directing the appellants to regularize the respondents in time scale of pay
from the date of completion of 10 years of service as per G.O.Ms.No.22,
Personal and Administrative Reforms (F) Department. The correctness of
the said order is called in question by the Government in this appeal.
4. After elaborately heard the learned counsel for the parties, we
are of the view that the learned Single Bench has committed an error in
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W.A.(MD).No.1591 of 2018
directing the regularization of the service of the respondent by reckoning
the date of her appointment in 1982. When, admittedly the respondent
was appointed only on Part Time basis and therefore, the benefit of the
Government Order in G.O.Ms.No.22, cannot be extended to the
appellant. When the Writ Appeal was entertained, a submission was made
on behalf of the appellants that they will consider the case of the
respondent for regularization from the date of her full time appointment
i.e. 23.11.2001.
5. In our considered view, this itself is a great concession extended
to the respondent, who graciously accepted. Therefore, the Writ Appeal is
allowed in part and the Order passed in the Writ Petition is set aside and
the appellants are directed to consider the case of the respondent for
regularization by reckoning the date of her appointment as 23.11.2001
applying the relevant Government order and pass reasoned order on
merits and in accordance with law, within a period of twelve weeks from
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W.A.(MD).No.1591 of 2018
the date of receipt of a copy of this order. No costs. Consequently,
connected miscellaneous petition is closed.
(T.S.S.,J.) (S.A.I.,J.)
29.06.2021
Index : Yes/No
Internet : Yes/No
kmm
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.
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W.A.(MD).No.1591 of 2018
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
kmm
Order made in
W.A.(MD).No.1591 of 2018
Dated:
29.06.2021
https://www.mhc.tn.gov.in/judis/
