Madras High Court
A.Elumalai vs The State Of Tami Nadu on 22 January, 2025
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.32007 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.32007 of 2023
A.Elumalai ...Petitioner
-Vs-
1.The State of Tami Nadu,
Rep. by its Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Fort St.George, Secretariat,
Chennai - 9.
2.The Director,
Adi Dravidar and Tribal Welfare Department,
Ezhilagam, Chepauk,
Chennai – 600 005.
3.The District Adi Dravidar &
Tribal Welfare Department Officer,
Ranipet District.
4.The Head Master,
Government Adi Dravidar Higher Secondary School,
Elathur, Nemili Taluk,
Ranipet District – 632 502. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a direction in the nature of Writ of Mandamus,
directing the respondents to regularize the service of the petitioner in the post
of Sweeper-cum-Scavenger in the 5th respondent School in the light of
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W.P.No.32007 of 2023
G.O.Ms.No.35, School Education (VE) Department dated 09.02.2007 and
G.O.Ms.No.47, School Education (R1) Department dated 02.03.2012 and
orders passed by the Division Bench of this Court in W.A.No.1258 of 2018
and batch dated 13.09.2019, with effect from the date of his initial
appointment, i.e., 26.08.1996, with all service, monetary and other
consequential benefits and pass such further orders.
For Petitioner : Mr.R.Singaravelan
Senior Counsel
for M/s.V.Ambika
For Respondents : Mr.S.Prabhakaran
Government Advocate
ORDER
This writ petition has been filed to direct the respondents to
regularize the service of the petitioner in the post of Sweeper-cum-Scavenger
in the 5th respondent School in the light of G.O.Ms.No.35, School Education
(VE) Department dated 09.02.2007 and G.O.Ms.No.47, School Education
(R1) Department dated 02.03.2012 and orders passed by the Division Bench
of this Court in W.A.No.1258 of 2018 and batch dated 13.09.2019, with
effect from the date of his initial appointment, i.e., 26.08.1996, with all
service, monetary and other consequential benefits.
2. The Petitioner was appointed to the post of Sweeper-Cum-
Scavenger on a consolidated pay basis in Elathur Government Adi Dravidar
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Welfare High School, Nemili Taluk by the 3rd respondent with effect from
26.08.1996. Earlier, the Petitioner filed a writ petition in W.P.No.37002 of
2015 before this Court praying for a direction to the respondents to
regularize the Petitioner's service with effect from the date of his initial
appointment with all monetary and service benefits and this Court vide order
dated 20.11.2015, directed the 2nd respondent to consider and dispose of the
Petitioner's representation dated 30.10.2015 in accordance with law and pass
orders within a period of eight weeks.
3. The 2nd respondent rejected the Petitioner's representation vide order
dated 14.03.2016, and the same was challenged before this Court in
W.P.No.33721 of 2016. This Court by an order dated 07.10.2016 disposed of
the aforesaid writ petition with a liberty to give fresh representation to the
respondents and the respondents, on receipt of the same, were directed to
consider the same with regard to reviewing its earlier order in the light of the
order dated 04.08.2014 made in Rev.Appl.No.207 of 2014 in W.P.No.13168
of 2013, the order dated 08.12.2014 made in Rev.Appl.No.281 of 2014 in
W.P.No.13162 of 2013 and the order dated 19.12.2014 made in
W.P.No.33950 of 2014 and pass orders on merits and in accordance with
law, as expeditiously as possible.
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4. On the basis of the order passed in W.P.No.33721 of 2016 dated
07.10.2016, the 1st respondent vide G.O.(2P).No.65 dated 12.10.2020 had
granted the time scale of pay, i.e., Rs.1300-3000 Rs.300/- Grade Pay without
considering the request for regularization of the Petitioner's service.
Thereafter, the Head Master / 5th respondent vide letter dated 11.03.2022
recommended the 4th respondent consider regularizing the Petitioner's service
with the regular time scale of pay.
5. Accordingly, the 2nd respondent / Director of Adi Dravidar
Department in his communication letter dated 09.06.2022, informed the
Petitioner that his request for regularization would be considered by the
Government after receiving appropriate proposals from the District Adi
Dravidar Officer / 4th respondent. Since no progress was made, the petitioner
sent representations dated 23.05.2023 and a further representation dated
31.10.2023 to the respondents seeking regularization of his service and to
take appropriate action against the communication letter dated 09.06.2022.
However, the same has not been considered, and no orders have been passed
till date. Aggrieved over the same, the Petitioner has come up with the
present Writ Petition.
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6. Learned senior counsel appearing for the petitioner would submit
that though he was appointed as a part-time Sweeper-Cum-Scavenger in the
school, the work carried out is for the entire day and the Petitioner was
required to report to the school long before normal school hours and keep the
school premises, including the toilet, clean and in sanitized condition. The
toilets in the schools are put to constant use, and therefore the duty is
performed right through the day.
7. In view of the various Government orders that have been passed in
this regard and in line with the earlier judgments of this Court, wherein, this
Court had directed the regularization of the employees who are similarly
placed like the petitioners. The Petitioner sent a representation dated
31.10.2023 to the respondents herein seeking regularization of his service
and the same is still pending for consideration.
8. Learned senior counsel appearing for the petitioner would further
submit that the proposal may be obtained by the 2nd respondent from the 3rd
respondent and the same may be forwarded to the 1st respondent for the
regularization of service of the petitioner within the stipulated time in the
light of the similar order passed by this Court vide G.O(3P)No.361, Adi
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Dravidar and Tribal Welfare (AD7) Department dated 14.07.2021 and
G.O.Ms.No.59, Adi Dravidar and Tribal Welfare (AD7) Department dated
03.08.2021.
9. It is further submitted that the Head Master of the School has also
written a letter vide Na.Ka.No.44/2022 to the District Adi Dravidar & Tribal
Welfare Department Officer, Ranipet District, stating that the application of
the petitioner with all documents has been forwarded. Thereafter, the 2nd
respondent has written a letter vide Na.Ka.No.O3/29474/2013 dated
09.06.2022 to the petitioner informing them that the application obtained
through the District Adi Dravidar & Tribal Welfare Department Officer will
be forwarded to the Government.
10. A counter affidavit was filed on behalf of the 4th respondent dated
03.08.2024.
11. Learned Government Advocate appearing for the respondents
would submit that a time frame may be fixed by this Court for the 2nd
respondent to obtain a proposal from the 3rd respondent and forward the same
to the 1st respondent for regularization of service of the petitioner.
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12. Heard both sides and perused the materials available on record.
13. Without going into the merits of the case, this Court is inclined
to issue the following directions:
(1) The 2nd respondent is directed to obtain the proposal from the 3rd
respondent and forward the same to the 1st respondent for
regularizing the service of the petitioner within a period of six (6)
weeks from the date of receipt of a copy of this order.
(2) On receipt of the same, the 1st respondent shall consider it on
merits, in accordance with law and pass appropriate orders in the
light of G.O(3P)No.361, Adi Dravidar and Tribal Welfare (AD7)
Department dated 14.07.2021 and G.O.Ms.No.59, Adi Dravidar
and Tribal Welfare (AD7) Department dated 03.08.2021 within a
period of six (6) weeks thereof.
In the result, the writ petition stands disposed of with the above
observations and directions. No costs.
22.01.2025
cda
Index : Yes/No
Speaking/Non Speaking order
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J.SATHYA NARAYANA PRASAD, J.
cda
To
1.The Secretary to Government,
The State of Tami Nadu,
Adi Dravidar and Tribal Welfare Department,
Fort St.George, Secretariat,
Chennai - 9.
2.The Director,
Adi Dravidar and Tribal Welfare Department,
Ezhilagam, Chepauk,
Chennai – 600 005.
3.The District Adi Dravidar &
Tribal Welfare Department Officer,
Ranipet District.
4.The Head Master,
Government Adi Dravidar Higher Secondary School,
Elathur, Nemili Taluk,
Ranipet District – 632 502.
22.01.2025
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