The Court considered Writ Appeals filed against an order denying service regularization. Finding respondents were still in employment and underlying petitions were pending, the Court declined to reverse the impugned order and dismissed the appeals.
Writ appeals dismissed. No costs. Connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE S.S.SUNDAR
W.A.(MD)Nos.808 to 811 of 2016 and
CMP(MD)Nos.4961 to 4964 of 2016
| 1.The State of Tamil Nadu, |
|---|
| Rep. By its Secretary to Government, School Education Department, Fort St. George, Chennai. |
| 2.The Director of School Education, DPI Campus, College Road, Chennai 600 006. |
| 3.The District Educational Officer, Aruppukkottai, Virudhunagar District. .. Appellants in W.A.(MD)Nos.808 to 811 of 2016 |
| 4.The Headmaster, Government Higher Secondary School, Vellaiyapuram, Virudhunagar District. .. 4thAppellant in W.A.(MD)No.808 of 2016 |
| 5.The Headmaster, Government Higher Secondary School, Kariyapatti, Virudhunagar District. .. 4thAppellant in W.A.(MD)No.809 of 2016 |
| 6.The Headmaster, Government Higher Secondary School, Veeracholam, Virudhunagar District. .. 4thAppellant in W.A.(MD)No.810 of 2016 |
7.The Headmaster, Government Higher Secondary School, Mathuramalingapuram, Virudhunagar District. .. 4thAppellant in W.A.(MD)No.811 of 2016 |
| Vs. |
| S.Selvapandi .. Respondent in W.A.(MD)No.808 of 2016 |
| A.Ganesan .. Respondent in W.A.(MD)No.809 of 2016 htt//hiti/hi/ |
M.Packiyam .. Respondent in W.A.(MD)No.810 of 2016 ps:cservces.ecours.gov.ncservces |
| A.Arumugam .. Respondent in WA(MD)No.811 of 2016 |
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COMMON PRAYER: Writ Appeals are filed under Clause XV of Letters of Patent, against the common order dated 19.12.2012, made in W.P.(MD) Nos.15793 and 15462 to 15464 of 2012.
Prayer in WP(MD). 15464/ 2012 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents forth with to regularize the petitioner's service as Full time Water Carrier in Time Scale of pay from the date of completion of 10 years of service i.e. 09.01.2011 and disburse all monetary benefits to the petitioner.
Prayer in WP(MD). 15793/ 2012 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents forth with to regularize the petitioner's service as Full time water carrier in Time Scale of Pay from the date of completion of 10 years of service i.e., 07.08.2001 and disburse all monetary benefits to the petitioner.
Prayer in WP(MD). 15462/ 2012 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents forth with to regularize the petitioner's service as Full time sweeper in Time Scale of pay from the date of completion of 10 years of service i.e. 19.11.2010 and disburse all monetary benefits to the petitioner.
Prayer in WP(MD). 15463/ 2012 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents forth with to regularize the petitioner's service as Full time sweeper in Time Scale of pay from the date of completion of 10 years of service i.e. 16.09.2011 and disburse all monetary benefits to the petitioner.
JUDGMENT
(Judgment of this Court was delivered by S.MANIKUMAR, J.)
With the consent of the learned counsel appearing for the parties, writ appeals are taken up for final hearing.
2.Mr.VR.Shanmuganathan, learned Special Government Pleader submitted that while ordering Notice of Motion in W.P.(MD)Nos.15793 and 15462 to 15464 of 2012, the learned single Judge has directed that the respondents in the appeals should be continued to be engaged and the https://hcservices.ecourts.gov.in/hcservices/ respondents are working. He has also submitted that the above said writ petitions are still pending on the file of this Court.
3
Sd/ Assistant Registrar
/True Copy/
Sub Assistant Registrar.
To
| 1.The Secretary to Government, |
|---|
| School Education Department, Fort St. George, Chennai. |
| 2.The Director of School Education, DPI Campus, |
| College Road, Chennai 600 006. |
| 3.The District Educational Officer, Aruppukkottai, Virudhunagar District. |
| 4.The Headmaster, |
| Government Higher Secondary School, |
| Vellaiyapuram, Virudhunagar District. |
| 5.The Headmaster, |
| Government Higher Secondary School, Kariyapatti, Virudhunagar District. |
| 6.The Headmaster, Government Higher Secondary School, |
| Veeracholam, Virudhunagar District. |
| 7.The Headmaster, Government Higher Secondary School, Mathuramalingapuram, Virudhunagar District. |
| +1CC to the Special Government Pleader, SR.No. 24677 |
| W.A.(MD)Nos.808 to 811 of 2016 and CMP(MD)Nos.4961 to 4964 of 2016 27.04.2016 |
rj2 https://hcservices.ecourts.gov.in/hcservices/ AM/AAL.MPA/18.05.2016/3P/9C
1 issue framed by the court
Whether warrants appeals should be maintained against an impugned order where respondents are in continuance and writ petitions are pending.
State of Tamil Nadu and others
S. Selvapandi and others
S. Manikumar
S. S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
