Disposed

R.Mathiyazhagi v. The District Educational

Madras HC25 Jul 2023WP/12901/2015

Case brief

AI extract

What is this about?

The Madras High Court disposed of 13 writ petitions filed by sweepers seeking appointment to Lab Assistant posts. The Court directed the respondents to consider transferring or promoting eligible basic service personnel to the specified post if future vacancies arise, without mandating immediate creation of positions.

What did the court decide?

Directive to consider eligible petitioners for future vacancies through promotion or transfer from basic service posts.

R.Mathiyazhagi Vs The District Educational — Labour and Industrial Disputes | Madras HC (2023)

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W.P.Nos.12901 to 12913 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.07.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.Nos.12901 to 12913 of 2015 and M.P.No. 1 of 2015 (13 Nos.)

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W.P.No.12901 of 2015 :-

R.Mathiyazhagi

...Petitioner

-Vs-

The District Educational Officer, Office at Virudhachalam Education District, Virudhachalam,

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Cuddalore District.

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The Chief Educational Officer, Cuddalore, Cuddalore District.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to post/ appoint the petitioner to the post of Lab Assistant/Lab Attender within the time stipulated by this Court.

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In all W.Ps.

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For Petitioners : Ms.V.Kaaviya For Mr.V.Thirupathi For Respondents : Mr.V.Veluchamy Additional Government Pleader

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https://www.mhc.tn.gov.in/judis

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Page 1 of 6

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W.P.Nos.12901 to 12913 of 2015

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COMMON ORDER

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All these writ petitions have been filed for direction,

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directing the respondents to appoint the petitioners to the post of Lab Assistant/Lab Attender.

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All the petitioners were initially sponsored by the District Employment exchange, to the post of Sweeper and Watchman. As per the seniority and qualification they were appointed as Sweeper, though they have requested to the post of Night Watchman, by an order dated 23.11.2012. Further, by way of Government Order in G.O.Ms.No.277, dated 30.10.2012, permission was granted to fill up 4393 sanctioned posts of Lab Assistants and as per G.O.Ms.No.151, dated 07.08.2013, there were 110 posts were available in the Cuddalore District.

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There are two modes of recruitment is provided to the post of Lab Assistant/Lab Attender; one is by way of promotion from Record Clerk having three years experience and another one is by way of appointment by transfer of persons belongs to the school department in the basic service with basic qualification of S.S.L.C. If no qualified

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persons are available, even after following the above said process, the Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.12901 to 12913 of 2015

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appointing authority can call for the eligible candidates from the employment exchange.

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The petitioners are working as Sweepers in the Tamilnadu

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basic service and having basic qualification and eligibility. Therefore, they made representation to the respondents thereby requesting to appoint and transfer them to the post of Lab Assistant/Lab Attender. However, there was no response as such, the petitioners filed the present writ petitions.

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Heard the learned counsel appearing on either side and

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perused the materials placed before this Court.

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In fact, at the time of admission, this Court directed the respondents to keep one post vacant in all cases, since the petitioners belong to basic post. However, even till now, they were not taken into consideration to the post of Lab Assistant/Lab Attender.

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Considering the above facts and circumstances, the Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.12901 to 12913 of 2015

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respondents are directed to consider the petitioners to the post of Lab Assistant/Lab Attender, if any vacancies arises in future and appoint the persons either by way of promotion from the post of record clerk or by way of transfer of persons belongs to the school department in the Tamilnadu basic service having basic qualification of S.S.L.C.

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With the above directions, all the Writ Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to cost.

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25.07.2023

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Internet: Yes Index : Yes/No Speaking/Non Speaking order

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rts

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https://www.mhc.tn.gov.in/judis

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Page 4 of 6

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W.P.Nos.12901 to 12913 of 2015

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The District Educational Officer, Office at Virudhachalam Education District, Virudhachalam, Cuddalore District.

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The Chief Educational Officer, Cuddalore, Cuddalore District.

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https://www.mhc.tn.gov.in/judis

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Page 5 of 6

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W.P.Nos.12901 to 12913 of 2015

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G.K.ILANTHIRAIYAN. J,

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rts

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W.P.Nos.12901 to 12913 of 2015 and M.P.No. 1 of 2015 (13 Nos.)

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25.07.2023

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https://www.mhc.tn.gov.in/judis

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Page 6 of 6

R.Mathiyazhagi v. The District Educational

Case brief

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R.Mathiyazhagi v. The District Educational

Case brief

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