Madras High Court
A.Anto Sagaya Judin vs The Government Of Tamilnadu on 10 February, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD)No.27428 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.02.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.27428 of 2023
A.Anto Sagaya Judin ... Petitioner
Vs.
1.The Government of Tamilnadu,
Represented by its Secretary,
Education, Science and Technology,
(H.S.II) Department,
Madras – 9.
2.The Director of School Education,
College Road,
Madras – 6.
3.The Joint Director of School Education,
Vocational Education,
Madras – 6.
4.The Chief Educational Officer,
Thoothukudi District,
Thoothukudi.
5.The Correspondent,
St.Francis Xaviers Higher Secondary School,
Thoothukudi. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.27428 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents to include the name of
the petitioner for regularisation as full time Vocational Instructor Grade II as
per seniority and to pay the time scale in accordance with G.O.Ms.No.35, dated
09.02.2007.
For Petitioner : M/s.Porkodi Karnan
For M/s.Polax Legal Solutions
For R1 to R4 : Mr.T.Amjad Khan
Government Pleader
ORDER
Heard the learned counsel for the petitioner and the learned Government
Advocate appearing for the respondents.
2. This writ petition has been filed seeking writ of Mandamus to direct
the respondents to include name of the petitioner for regularisation as full time
Vocational Instructor Grade II as per seniority and to pay the time scale in
accordance with G.O.Ms.No.35, dated 09.02.2007.
https://www.mhc.tn.gov.in/judis
3. The petitioner was appointed as part time vocational Teacher for
Computer Education in the fifth respondent school on 03.06.2002. He has been
working as Vocational Instructor from the date of his appointment till date
continuously on consolidate payment of Rs.600/- per Month. The Government
vide G.O.Ms.35, School Education (VE) Department, dated 09.02.2007 had
regularised service of the Vocational Instructors, who were similarly place like
that of the petitioner in Government Schools and Government Aided Schools.
But inspite of the said G.O., the respondents have not taken any steps to
regularise the service of the petitioner. Aggrieved by the action of the
respondents, the petitioner approached this Court by filing this writ petition.
4. The learned counsel for the petitioner would submit that the issue
raised in this writ petition has already been dealt with by the Division Bench of
this Court in W.A(MD)No.1350 of 2019. She further submits that by following
the said order of the Division Bench of this Court, several orders are passed by
this Court.
5. The learned Government Advocate appearing for the respondents 1 to
4 would submit that against the order of the Division Bench of this Court
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rendered on this aspect has been challenged in the Hon'ble Apex Court and the
said SLPs are dismissed by the Hon'ble Apex Court by its order, dated
26.09.2024 and 12.11.2024
6. In view of the above submissions, it is clear that the issue involved in
the present writ petition is no longer res-integra.
7. The relevant portion of the judgment of the Division Bench of this
Court in W.A(MD)No.1350 of 2019 has extracted herein under:
“8. Furthermore, the respondent cannot dispute the fact
that identical case was considered by the Division Bench of
this Court in the case of Government of Tamil Nadu and 3
others Vs. S.Velayuthaperumal in W.A(MD)No.1233 of 2013,
by Judgment dated 26.04.2017. In the said judgment, there
was a reference to another Judgment of the Principal Bench
of this Court in W.A(MD)Nos. 158 and 159 of 2012, dated
07.02.2012, by which, the appeals filed by the Government
were dismissed and benefit was granted to regularize the
services of the part time vocational instructors. As against the
said decision, the State filed Special Leave Petition in
SLP(Civil) Nos.11338 and 11339 of 2014, which were
dismissed by the Hon'ble Supreme Court, by order dated
04.02.2019 observing that no case is made out to interfere
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with the impugned orders passed by the High Court.
Accordingly, the Special Leave Petitions were dismissed.
9. Yet another decision of the Division Bench in the
case of Government of Tamil and others Vs.
K.M.Gunasekaran and others in W.A.(MD)No.1463 of 2016,
dated 30.10.2017 was also decided against the State. The
Special Leave Petition filed by the Government against the
said decision in SLP(Civil) Diary No(s).37734 of 2018 was
dismissed by the Hon'ble Supreme Court, by order dated
04.02.2019. We are also informed that those decisions have
been implemented by the respondents. That apart, from the
proceedings of the Directorate of Tamil Nadu School
Education, Chennai, dated 22.08.2019 we find that in as many
as 27 cases orders were passed by the Court, benefits have
been granted. Therefore, we are of the considered view that,
the said benefits cannot be denied to the appellant.”
8. In the light of the dismissal of the SLPs by the Hon'ble Apex Court in
Civil Appeal No.12310 of 2024, dated 12.11.2024 and in identical matters, this
Court is of the considered opinion that the petitioner is entitled for the relief
sought for in this writ petition.
https://www.mhc.tn.gov.in/judis
9. Accordingly, this writ petition is allowed as prayed for. The
respondents are directed to take further steps to regularise the service of the
petitioner and to pay time scale within a period of 6 weeks from the date of
receipt of a copy of this order. No costs.
10.02.2025
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Sn
To:
1.The Secretary,
Education, Science and Technology,
(H.S.II) Department,
Madras – 9.
2.The Director of School Education,
College Road,
Madras – 6.
3.The Joint Director of School Education,
Vocational Education,
Madras – 6.
4.The Chief Educational Officer,
Thoothukudi District,
Thoothukudi.
https://www.mhc.tn.gov.in/judis
BATTU DEVANAND, J.
Sn
10.02.2025
https://www.mhc.tn.gov.in/judis
