BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19/12/2007 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.No.9072 of 2005 Varadarajan ... Petitioner Vs 1.The Director of School Education (Elementary) College Road, Chennai. 2.The District Elementary Educational Officer, Thanjavur District, Thanjavur. 3.The Additional Assistant Elementary Educational Officer, Thiruvidaimarudhur, Thanjavur District. 4.The Secretary, Ramakrishna Aided Middle School, Nachiarkoil, Thanjavur District. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the reocrds on the file of the second respondent herein vide his proceedings in Na.Ka.No.6745/Aa3/2002 dated 29.07.2003 and quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and consequently directing the first 1st and 2nd respondents herein to approve the appointment and regularise the service of the petitioner with effect from the date of initial appointment i.e, 28.03.1998 with all consequential monetary and service benefits. !For Petitioner ... Mr.K.Sanjay ^For Respondents ... Mr.So.Paramasivam, Govt. Advocate for R.1 to R.3 :ORDER
This Writ petition is focussed to issue a Writ of Certiorarified Mandamus
calling for the reocrds on the file of the second respondent herein vide his
proceedings in Na.Ka.No.6745/Aa3/2002 dated 29.07.2003 and quash the same as
illegal, arbitrary, unreasonable being violative of rules and principles of
natural justice and consequently directing the first 1st and 2nd respondents
herein to approve the appointment and regularise the service of the petitioner
with effect from the date of initial appointment i.e, 28.03.1998 with all
consequential monetary and service benefits.
2. Heard both sides.
3. A re’sume’ of facts absolutely necessary and germane for the disposal
of this writ petition would run thus:
The writ petitioner is having qualification M.A., B.Ed., and working as
Secondary Grade Assistant Teacher in the fourth respondent school. The
grievance of the petitioner is that even though he was appointed in the fourth
respondent school with effect from 28.03.1998, yet he was not regularised from
that date on the ground that he had not completed Child Psychology course meant
for it.
4. The learned Counsel for the petitioner placing reliance on the decision
of the Tamil Nadu Administrative Tribunal in O.A.No.3226 of 2003 dated
13.12.2003 and the G.O.Ms.No.122 Schedule Castes and Schedule Tribes Welfare
Department, dated 02.08.2005, would develop his argument to the effect that in
commensurate with the aforesaid decision and the G.O, the service of the
petitioner herein, should be regularised with effect from the date of his
appointment i.e 28.03.1998 and not from the date of his completion of that
course and the fact also remains that he completed the said Course by
31.05.2003.
5. The learned Government Pleader would agree to the factual as well as
legal position highlighted by the learned Counsel for the writ petitioner.
6. Hence, I am of the considered opinion that there could be no impediment
for issuing the following direction:
The petitioner shall be regularised with effect from the date of his
appointment i.e, 28.03.1998 and accordingly, he is declared to be entitled to
all consequential benefits and within a period of two months, the authorities
shall implement the order of this Court.
7. With the above direction, this petition is disposed of. No costs.
rsb
To
1.The Director of School Education (Elementary)
College Road, Chennai.
2.The District Elementary Educational Officer,
Thanjavur District,
Thanjavur.
3.The Additional Assistant Elementary Educational
Officer,
Thiruvidaimarudhur,
Thanjavur District.