Madras High Court
G.Alphonse vs The Principal Secretary on 28 July, 2023
W.P.Nos.13908 to 13921 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.13908 to 13921 of 2015
W.P.No.13908 of 2015 :-
G.Alphonse ...Petitioner
-Vs-
1. The Principal Secretary,
Education Department,
Fort St. George,
Chennai – 600 009.
2. The Director of Elementary Education,
Nungambakkam,
Chennai – 600 006.
3. The District Elementary Education Officer,
O/o. The District Elementary Education Office,
Neela South Street,
Nagappattinam. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to
regularize the service of the petitioner as secondary grade teacher with
effect from the date of the petitioner's joining in the service i.e., on
01.12.2005 in the light of the order passed by the first respondent for the
similarly placed secondary grade teacher in G.O.Ms.(3D)No.78, School
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W.P.Nos.13908 to 13921 of 2015
Education (G2) Department dated 25.05.2012 and G.O.Ms.(3D).No.4,
School Education Department dated 21.01.2015.
In all W.Ps.
For Petitioner : Mr.V.Subramanian
For Respondents : Mr.V.Veluchamy
Additional Government Pleader
COMMON ORDER
All these writ petitions have been filed to direct the
respondents to regularize the service of the petitioners as secondary grade
teacher with effect from the date of the petitioners' joining in the service,
in the light of the order passed by the first respondent for the similarly
placed secondary grade teacher in G.O.Ms.(3D)No.78, School Education
(G2) Department dated 25.05.2012 and G.O.Ms.(3D).No.4, School
Education Department dated 21.01.2015.
2. The petitioners were appointed in the post of secondary
grade teacher on consolidated pay of Rs.3000/- on temporary basis and
they were joined in service in different dates. Subsequently, vide the
government order in G.O.Ms.No.99, School Education Department, dated
27.06.2002, their services were regularized from 01.06.2006 and put on
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W.P.Nos.13908 to 13921 of 2015
regular scale of pay. Some of the similarly placed teachers had
approached this Court in W.P.No.879 of 2006 and W.P.No.30734 of
2008 for direction to direct the respondents to regularize their service
from the date on which they were appointed as secondary grade teacher
on consolidated pay. This Court allowed the above writ petitions and
directed the respondents to consider the representation of the petitioners
in that petition.
3. Accordingly, the first respondent passed a government order
in G.O.Ms.(3D)No.78, School Education (G2) Department, dated
25.05.2012, thereby regularize the service of the petitioners in
W.P.No.879 of 2006 and W.P.No.30734 of 2008 from the date of their
appointment of service on the consolidated pay. Based on the said
G.O.Ms.(3D)No.78, another set of teachers were also filed writ petition
before this Court in W.P.No.2501 of 2014 and this Court directed the
first respondent to consider their case in the light of G.O.Ms.(3D)No.78,
dated 25.05.2012.
4. Accordingly, the first respondent passed another government
order in G.O.Ms.(3D) No.4 School Education Department, dated
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W.P.Nos.13908 to 13921 of 2015
21.01.2015, thereby regularize the service of the petitioners in
W.P.No.2501 of 2014, from the date of their appointment of service on
consolidated pay. Based on those government orders, the petitioners also
submitted their representation seeking regularization of their service from
the date of their appointment on temporary basis on consolidated pay.
5. While pending these writ petitions, some other similarly
placed teachers filed writ petition in W.P.No.4991 of 2015 seeking Writ
of Mandamus to regularize their service from the date of their initial
appointment with all consequential monetary benefits based on the above
said government orders. Though the learned single Judge allowed the writ
petition, it was challenged by the government in W.A.No.3904 of 2019.
The Hon'ble Division Bench of this Court modified the order to the effect
that the seniority of the petitioners be regularized from the date of initial
appointment and the monetary benefits shall be given from the date of
regularization viz., from 01.06.2006.
6. Aggrieved by the said order some third party teachers filed
Review Application before this Court in Rev.Appln.No.60 of 2020, to
review the order passed in the writ appeal in W.A.No.3904 of 2019. The
Hon'ble Division Bench of this Court after considering the subsequent
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W.P.Nos.13908 to 13921 of 2015
development and the several Government orders, recalled the order
passed in writ appeal in W.A.No.3904 of 2019 and allowed the writ
appeal in toto, thereby dismissing the writ petition seeking regularization
of service from the date of the initial appointment of temporary basis on
consolidated pay.
7. That apart, the Hon'ble Division Bench of this Court also
ordered that any order passed by this Court placing reliance of the above
judgments cannot be given effect to, in view of the order passed in the
review application in Rev.Appln.No.60 of 2020. Though some of the
teachers were given effect to their regularization from the date of their
original appointment on consolidated pay, in view of the order passed by
this Court in Rev.Appln.No.60 of 2020, thereby recalling the order
passed in W.A.No.3904 of 2019 dated 30.07.2019, the petitioners are not
entitled for the relief sought for in these writ petitions.
8. Hence, all the Writ Petitions are devoid of merits and liable
to be dismissed and accordingly, dismissed. There shall be no order as to
cost.
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W.P.Nos.13908 to 13921 of 2015
28.07.2023
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
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W.P.Nos.13908 to 13921 of 2015
To
1. The Principal Secretary,
Education Department,
Fort St. George,
Chennai – 600 009.
2. The Director of Elementary Education,
Nungambakkam,
Chennai – 600 006.
3. The District Elementary Education Officer,
O/o. The District Elementary Education Office,
Neela South Street,
Nagappattinam.
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W.P.Nos.13908 to 13921 of 2015
G.K.ILANTHIRAIYAN. J,
rts
W.P.Nos.13908 to 13921 of 2015
28.07.2023
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