A.Kaviyarasan Vs the Government of Tamilnadu — Madras HC (2025) — LawSathi Research

A.Kaviyarasan Vs the Government of Tamilnadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the second respondent to consider and pass appropriate orders on the petitioner's representation dated 08.01.2024, in the light of the third respondent's recommendation, on its own merits and in accordance with law, within eight (8) weeks from receipt of a copy of the order, and to communicate the same to the petitioner; Writ Petition disposed of with the above direction, no costs.

Issue for consideration

Whether the respondents 1 to 3 are to be directed to regularize the petitioner's service from the date of initial appointment as Junior Assistant, declare the probation period and fix the time scale of pay with service and monetary benefits, in the light of the third respondent's recommendation dated 28.08.2023 in Na.Ka.No.000294/AA1/2023; and whether the second respondent should at least be directed to consider the petitioner's representation dated 08.01.2024 in that light.

Court's answer

Without going into the merits of the case, the Court issued a direction to the second respondent to consider and pass appropriate orders on the petitioner's representation dated 08.01.2024, in the light of the recommendation made by the third respondent, on its own merits and in accordance with law, and to communicate the decision to the petitioner.

Ratio / Principle

The consideration of the representation was to be completed within a period of eight (8) weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Mandamus - Regularization of service - Junior Assistant, School Education Department, Tamil Nadu - Petitioner sought regularization from the date of initial appointment as Junior Assistant, declaration of probation and fixation of time scale of pay with service and monetary benefits - Chief Educational Officer, Salem (third respondent) had sent a proposal/recommendation dated 28.08.2023 in Na.Ka.No.000294/AA1/2023 to the Joint Director of School Education (Personal) (second respondent), which was not considered - Petitioner's subsequent representation dated 08.01.2024 also pending - Counsel for petitioner confined the prayer to a direction to consider the representation; State Pleader agreed to consider within a time frame - Held: without going into the merits, second respondent directed to consider and pass appropriate orders on the representation dated 08.01.2024 in the light of the third respondent's recommendation, on its own merits and in accordance with law, within eight (8) weeks, and communicate the decision to the petitioner - Writ Petition disposed of accordingly. No costs. (Paras 5, 7, 8)

WP No. 34946 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

WP No. 34946 of 2025

A.Kaviyarasan, S/o.Late V.Arul, No.72 /1Z - 1A, Thitta Nagar, Narasingapuram Post, Attur Taluk, Salem District.

Petitioner(s)

Vs

The Government Of Tamilnadu, Rep. by the Chief Secretary, School Educational Department, Fort St.George, Chennai 600 009

2.The Joint Director Of School Education (Personal), Directorate Of School Education, D.P.I. Complex, College Road, Chennai -600 006.

3.The Chief Educational Officer, Salem District, Salem.

4.The District Educational Officer,

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WP No. 34946 of 2025

(Elementary Education) Salem District, Salem.

5.The Block Educational Officer, Namakkal.

6.The Block Educational Officer, Block Educational Office, Gengavalli Taluk, Salem District.

Respondent(s)

PRAYER

This Writ Petition has been filed seeking for issuance of a Mandamus, directing the respondents 1 to 3, to regularize the petitioner's service from the date of initial appointment as Junior Assistant and also declare the probation period and to fix the time scale of pay with all service and monetary benefits, in the light of the recommendation made by the 3rd respondent to the 2nd respondent dated 28.08.2023 in Na.Ka.No.000294/AA1/2023 within a stipulated time.

For Petitioner(s): Mr.C.Prabakaran

For Respondent: Mrs.Mythreye Chandran,Sl.G.P

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal

at the stage of admission itself.

2.This Writ Petition has been filed seeking for issuance of a Mandamus,

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WP No. 34946 of 2025

directing the respondents 1 to 3, to regularize the petitioner's service from the

date of initial appointment as Junior Assistant and also declare the probation period and to fix the time scale of pay with all service and monetary benefits, in

the light of the recommendation made by the 3rd respondent to the 2nd respondent dated 28.08.2023 in Na.Ka.No.000294/AA1/2023 within a stipulated time.

3.Heard the learned counsel for the petitioner and the learned Special

Government Pleader appearing for the respondents and perused the material available on record.

4.The learned counsel for the petitioner would submit that the third respondent has sent proposal dated 28.08.2023 to the second respondent for regularizing the service of the petitioner. However, the same was not considered by the second respondent till date. Therefore, the petitioner has made several representations to the respondents 2 and 3 in this regard. Since no action

has been taken by the respondents till now, the petitioner is constrained to file

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WP No. 34946 of 2025

the present Writ Petition.

Learned counsel for the petitioner submitted that it would be suffice if

this Court issues a direction to the respondents to consider the petitioner's

representation and pass orders.

6.Learned Special Government Pleader appearing for the respondents

submitted that the representation of the petitioner will be considered within a

time frame as stipulated by this Court.

7.In the light of the above, without going into the merits of the case, this

Court is inclined to issue a direction to the second respondent to consider and

pass appropriate orders, on the petitioner's representation dated 08.01.2024 in

the light of the recommendation made by the third respondent, on its own merits

and in accordance with law, within a period of eight (8) weeks from the date of

receipt of a copy of this order and communicate the same to the petitioner.

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WP No. 34946 of 2025

8 . With the above direction, this Writ Petition stands disposed of. No

costs.

17-09-2025

dn

Index:Yes/No Neutral Citation:Yes/No

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WP No. 34946 of 2025

To

The Government Of Tamilnadu, Rep. by the Chief Secretary, School Educational Department, Fort St.George, Chennai 600 009

2.The Joint Director Of School Education (Personal), Directorate Of School Education, D.P.I. Complex, College Road, Chennai -600 006.

3.The Chief Educational Officer, Salem District, Salem.

4.The District Educational Officer, (Elementary Education) Salem District, Salem.

5.The Block Educational Officer, Namakkal.

6.The Block Educational Officer, Block Educational Office, Gengavalli Taluk, Salem District.

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WP No. 34946 of 2025

A.D.JAGADISH CHANDIRA, J. dn

WP No. 34946 of 2025

17-09-2025

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