Madras High Court
A.Selvasekar vs The State Of Tamilnadu on 7 June, 2022
WP(MD)No.257 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)No.257 of 2019
A.Selvasekar ... Petitioner
/vs./
1.The State of Tamilnadu
Represented by its Secretary to the Government,
Education Department,
Fort St.George,
Chennai – 600 009.
2.The Director of Elementary Education,
College Road,
Chennai.
3.The Chief Educational Officer,
Thoothukudi District.
4.The District Educational Officer,
Thiruchendur,
ASA Government Boys Higher Secondary School Campus,
Thiruchendur.
5.The Secretary,
Sri Mariamman Hindu High School,
Sathankulam – 628 704,
Thoothukudi District. ... Respondents
1/6
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WP(MD)No.257 of 2019
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents No.3 and 4 to regularize
the petitioner's service in the 5th respondent school namely Sri Mariamman
Hindu High School, Sathankulam-628704, Thoothukudi District as Secondary
Grade Teacher from his date of initial appointment with effect from 01.08.1997
with all monetary benefits and pension benefits corresponding with G.O.Ms.No.
413 issued by the Finance (PGC) Department dated 04.11.2010 and in the light of
Judgment reported in 2004 – 2 – L.W 591.
For Petitioner : Mr.K.K.Kannan
For R1 to R4 : Mr.V.Nirmal Kumar
Government Advocate
ORDER
By consent of both the parties, this writ petition is taken up for final
disposal.
2.The petitioner herein had given a representation to the respondents on
09.11.2018 seeking for regularization of the petitioner's service in the 5th
respondent school, namely Sri Mariamman Hindu High School,
Sathankulam-628704, Thoothukudi District as Secondary Grade Teacher from his
date of initial appointment with effect from 01.08.1997 with all monetary benefits
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WP(MD)No.257 of 2019
and pension benefits corresponding with G.O.Ms.No.413 issued by the Finance
(PGC) Department dated 04.11.2010 and in the light of Judgment reported in
2004 – 2 – L.W 591. Since the said representation was not considered, the present
writ petition has been filed.
3.It is needless to point out that whenever a representation of this nature is
made to a Statutory Authority, 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. As such, non-
consideration of the representation by the Statutory Authority would amount to
dereliction of duty and hence, this Court will be justified in invoking its
extraordinary powers under Article 226 of Constitution of India and direct them
to consider the same within a stipulated time.
4.In the light of the above observations, there shall be a direction to the
fourth respondent herein to consider the petitioner's representation dated
09.11.2018 on its own merits and pass appropriate orders in accordance with law,
within a period of twelve (12) weeks from the date of receipt of a copy of this
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WP(MD)No.257 of 2019
order. It is made clear that this Court has not expressed any of its views with
regard to the merits of the claim of the petitioner and that it is open to the
concerned respondent to consider the same on its own merits.
5.With the above direction, the Writ Petition stands disposed of. No costs.
07.06.2022
Index : Yes / No
Internet : Yes / No
sm
https://www.mhc.tn.gov.in/judis
WP(MD)No.257 of 2019
To
1.The State of Tamilnadu
Represented by its Secretary to the Government,
Education Department,
Fort St.George,
Chennai – 600 009.
2.The Director of Elementary Education,
College Road,
Chennai.
3.The Chief Educational Officer,
Thoothukudi District.
4.The District Educational Officer,
Thiruchendur,
ASA Government Boys Higher Secondary School Campus,
Thiruchendur.
https://www.mhc.tn.gov.in/judis
WP(MD)No.257 of 2019
M.S.RAMESH, J.
Sm
Order made in
W.P.(MD) No.257 of 2019
Dated:
07.06.2022
https://www.mhc.tn.gov.in/judis
