Madras High Court
The State Of Tamil Nadu vs The Correspondent on 4 September, 2024
Bench: R.Subramanian, J.Sathya Narayana Prasad
2024:MHC:3419
Rev.Aplc(MD)No.113 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
Rev.Aplc(MD)No.113 of 2024 &
C.M.P.(MD)No.12710 of 2024
1.The State of Tamil Nadu
Rep. by its Secretary,
Department of School Education,
Fort St.George, Chennai - 600 009.
2.The Director of School Education,
College Road, Chennai - 600 009.
3.The Chief Educational Officer,
Thoothukudi, Thoothukudi District.
4.The District Educational Officer,
Thoothukudi, Thoothukudi District. . ..Petitioners
vs.
The Correspondent,
St.Lasalle Higher Secondary School,
Thoothukudi - 628 001,
Thoothukudi District. ... Respondent
Prayer: Review Petition filed under Order 47 Rules 1 and 2 of the Civil
Procedure Code read with Section 114 of the Civil Procedure Code to
review the order passed in W.A.(MD)No.1153 of 2022, dated
02.12.2022.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
Rev.Aplc(MD)No.113 of 2024
For Petitioners : Mr.S.P.Maharajan
Special Government Pleader
For Respondent : Ms.A.Amala
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The Review Petition is filed to review the order passed in W.A.
(MD)No.1153 of 2022, dated 02.12.2022.
2. The respondent School had appointed one Palpandi as a
Scavenger cum Sweeper on 01.06.2018. Thereafter, the Government
passed a Government Order in G.O.Ms.No.238, School Education
Department, dated 13.11.2018 prohibiting the appointment of non-
teaching staffs in Government and Government aided Schools.
3. The Division Bench of this Court had infact followed the dictum
of another Division Bench in the case of The State of Tamil Nadu,
Department of School Education vs. The Correspondent, Holy Family
Girls Higher Secondary School, wherein, it was pointed out that even the
Government Order in G.O.Ms.No.238, School Education Department,
https://www.mhc.tn.gov.in/judis
dated 13.11.2018 does not deal with the posts of Record Clerk or
Scavenger cum Sweeper.
4. The learned Special Government Pleader appearing for the
petitioners would however point out that in paragraph no.7 of the review
grounds, reliance has been placed upon the Government Order in
G.O.Ms.No.64, School Education Department, dated 03.04.2018,
wherein the Government had taken a policy decision to withdraw certain
posts of non-teaching staffs in Schools.
5. A perusal of the relevant paragraph in the review grounds would
show that even the Government Order in G.O.Ms.No.64, School
Education Department, dated 03.04.2018 does not cover the post of
Scavenger cum Sweeper. It covers Librarian, Library Assistant,
Gardener and Water Boy. Hence, even the aforesaid Government Order
is not of any help to the petitioners. Thus, we find no error on the face of
the records in the order passed by the Division Bench of this Court in
W.P.(MD)No.1153 of 2022 on 02.12.2022.
https://www.mhc.tn.gov.in/judis
6. Accordingly, the Review Petition is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
(R.S.M., J.) (J.S.N.P.,J.)
04.09.2024
NCC:Yes
Index:Yes
Speaking order
mbi
https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
mbi
04.09.2024
https://www.mhc.tn.gov.in/judis
