IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 31.1.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.26121 of 2008 and M.P.No.1 of 2008, W.P.Nos.26385 to 26392 of 2008 and M.P.No.1 of 2008, W.P.Nos.26750 to 26752 of 2008 and M.P.Nos.1 and 2 of 2008, W.P.Nos.26869 to 26874 of 2008 and M.P.No.2 of 2008 and W.P.No.26574 of 2008 and M.P.No.1 of 2008 1.S.Duraiarasan. ... Petitioner in W.P.No.26121 of 2008 2.Premalatha, Tiruvarur ... Petitioner in W.P.26385/08 3.S.Akila, Tiruvarur ... Petitioner in W.P.26386/08 4.N.Suresh, Tiruvarur ... Petitioner in W.P.26387/08 5.A.K.Chandrasekaran,Tiruvarur... Petitioner in W.P.26388/08 6.V.Kumarasamy, Tiruvarur ... Petitioner in W.P.26389/08 7.T.R.Krishnan, Tiruvarur ... Petitioner in W.P.26390/08 8.J.Udayakumar,Tiruvarur ... Petitioner in W.P.26391/08 9.D.R.Suvetha Sri, Tiruvarur ... Petitioner in W.P.26392/08 10.V.Sivanandam , Karur ... Petitioner in W.P.26750/08 11.P.Jayapal, karur ... Petitioner in W.P.26751/08 12.M.M.Sathish, Karur ... Petitioner in W.P.26752/08 13.V.Senthilkumar,Tiruvarur ... Petitioner in W.P.26869/08 14.B.Panchabikesan,Tiruvarur ... Petitioner in W.P.26870/08 15.R.Rajendran, Tiruvarur ... Petitioner in W.P.26871/08 16.R.Rajamanickam, Tiruvarur ... Petitioner in W.P.26872/08 17.M.Krishnamurthy,Tiruvarur ... Petitioner in W.P.26873/08 18.S.Premkumar,Tiruvarur ... Petitioner in W.P.26874/08 19.K.Kanimozhi,Tiruvarur ... Petitioner in W.P.26574/08 vs. 1.The Director of School Education, College Road, Nungambakkam, Chennai-6. 2.The Chief Educational Officer, Thiruvarur District, Thiruvarur. ... Respondents 1 & 2 in all the Wps. 3.The Chief Educational Officer, Karur District, Karur ... 3rd Respondent in W.P.No.26750/08 to 26752/2008 https://hcservices.ecourts.gov.in/hcservices/ These Writ Petition are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order dated 29.10.2008 passed in Na.Ka.No.10583/B5/2007, 9547/Aa4/07 passed by the second respondent and to quash the same and direct the respondent to reinstate the petitioner into service as Physical Education Teacher with all consequent attendant benefits and other benefits. W.P.No.26574 of 2008: Petition filed under Article 226 of Constitution of India writ of Mandamus directing the respondents to regularize the petitioner in the post of Physical Education Teacher with effect from the date of appointment i.e. 01.08.2008 with continuity of service and other consequential benefits. For Petitioners:- Mr.R.N.Amarnath in W.P.No.26121/08, 26385 to 26392/08 Mr.S.Mani, Advocate W.P.No.26750 to 26752/2008 Mr.Elamaran, Advocate W.P.No.26869 to 26874/2008 M/s.T.Ananthi, Advocate W.P.No.26574 For Respondents Mr.G.Sankaran Spl.Govt.Pleader Assisted by Mrs.E.Ranganayaki, Govt.Advocate (Education) in all the Wps. COMMON ORDER Writ Petition No.26121 of 2008 is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order dated 29.10.2008 passed in Na.Ka.No.10583/B5/2007 passed by the second respondent and to quash the same and direct the respondent to reinstate the petitioner into service as Physical Education Teacher with all consequent attendant benefits and other benefits. 2. The relief sought for in all the writ petitions is one and the same. Hence, by consent of all parties, all the writ petitions are taken up together and disposed of by this common order. 3. All the petitioners in these cases, who are appointed as teachers and were terminated from service, approached this court and got an order of interim stay and continues to perform the duties by virtue of the Court order. https://hcservices.ecourts.gov.in/hcservices/ 4. Similar issue relating to seniority in the employment exchange was considered and decided by the Division Bench of this Court in Unemployed Secondary Grade Teachers Welfare Association – vs. - The State of Tamil Nadu & another reported in 2008 Writ Law Reporter 747. While disposing of the writ appeals the Division Bench of this Court passed the following order:- "36. The next question is regarding the selection already made. When the matter was entertained by the learned single Judge, an order of interim stay had been granted. Subsequently, however, when the writ petitions were dismissed and the Division Bench did not pass any order of interim stay but only observed that any selection made shall be subject to the result of the writ appeals, many such appointments have been made. Even though we do not appreciate the alacrity with which such appointments have been made in the interregnum by taking advantage of the fact that no specific order of stay was granted, we feel in the peculiar factual situation and particularly keeping in view the fact that hitherto such selections have been made for number of years, the question of termination of the persons already appointed is left to the discretion of the State Government. However, in respect of the vacancies yet to be filled up, the State Government as well as other authorities are required to make the selection only after inviting applications from all over the State." 5. The order of Division Bench of this Court protects the right of the petitioners in these cases who are continuing to be in employment by virtue of the interim order passed by this Court. All the Writ Petitions are disposed of in terms of the order passed by the Division Bench as above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ts https://hcservices.ecourts.gov.in/hcservices/ To 1.The Director of School Education, Chennai-6. 2.The Chief Educational Officer, Thiruvarur District, Thiruvarur. 3. The Chief Educational Officer, Karur District, Karur. 1 cc to Ms.T.Ananthi, Advocate, Sr.No.6992 1 cc to Mr.S.Mani, Advocate, Sr.No.7396 1 cc to Government Pleader, Sr.No.7442 to 7446 Common Order in W.P.Nos.26121, 26385 to 26392, 26750 to 26752, 26869 to 26874 and 26574 of 2008 MS {CO} TP/18.2.2011. https://hcservices.ecourts.gov.in/hcservices/