A Village Librarian appointed in 2012 sought a mandamus directing the District Library Officer to declare completion of probation and regularize service per G.O. No.156/1998. Without deciding merits, the court directed consideration of the representation within six weeks.
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W.P.(MD).No.5975 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.04.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD).No.5975 of 2024
V.Umamahesh
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to declare the completion of probation by the petitioner with effect from 27.08.2014 and to regularize her service from her initial date of appointment on 28.08.2012 to the post of Village Librarian as the petitioner has completed the required period of probation of two years as per the provisions mandated in G.O.(1D).No.156, School Education (K2) Department, dated 10.09.1998 issued by the first respondent considering the petitioner's representation dated 20.11.2023 and reminder dated 05.02.2024 within stipulated time in accordance with law.
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For Petitioner : Mr.M.Sathiamoorthy
For Respondents : Mr.M.Siddharthan Additional Government Pleader
O R D E R
This Writ Petition has been filed for issuance of Writ of Mandamus, seeking direction against the second respondent to declare the completion of probation by the petitioner with effect from 27.08.2014 and to regularize her service from her initial date of appointment on 28.08.2012 to the post of Village Librarian as the petitioner has completed the required period of probation of two years as per the provisions mandated in G.O.(1D).No.156, School Education (K2) Department, dated 10.09.1998 issued by the first respondent considering the petitioner's representation dated 20.11.2023 and reminder dated 05.02.2024.
and Mr.M.Siddharthan, learned Additional Government Pleader for the respondents.
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submitted that the petitioner was appointed as a Village Librarian on 28.08.2012 and his probation ought to have been declared by the second respondent on completion of two years that is on 27.08.2014. Even though the petitioner has rendered continuous service for more than 11 years, her probation was not declared by the second respondent. Hence, the petitioner sent representations on several occasions and recently she has sent a representation dated 20.11.2023 to the respondents requesting them to regularize her service. Subsequent to the said representation, she has also sent a reminder dated 05.02.2024 through register post for the same cause of action. However, no order has been passed by the respondents. Having no other way, the petitioner has approached this Court by way of filing this Writ Petition.
per G.O.(1D).No.156 dated 10.09.1998, the petitioner is eligible for declaration of her probation and the relevant portion of the G.O., is extracted hereunder:
“Probation:- Every person appointed to the post by direct recruitment or by transfer from part-
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time Librarians shall, from the date on which he joins duty as Village Librarians, be on probation for a total period of two years on duty within a continuous period of three years.”
Hence, he seeks indulgence of this Court to consider the said representation of the petitioner by the respondents within stipulated time period.
the respondents would submit that the representation of the petitioner will be considered by the second respondent on merits and in accordance with law.
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W.P.(MD).No.5975 of 2024
costs.
17.04.2024
NCC:yes/no Index:yes/no Internet:yes/no Nsr
To:
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W.P.(MD).No.5975 of 2024
R.N.MANJULA, J.
Nsr
W.P.(MD).No.5975 of 2024
17.04.2024
1 issue framed by the court
Should the second respondent be directed to consider the petitioner's representation seeking declaration of probation and regularization as Village Librarian?
2 provisions across 2 enactments
V.Umamahesh
The Government of Tamil Nadu, Represented by the Secretary, Department of School Education
The District Library Officer / Secretary, Office of the Local Library Authority, Karur District
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
