1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14962 of 2011 Jeyamalini ... Petitioner Vs 1. The Director, Directorate of Employment and Training Guindy, Chennai-32. 2. The District Employment Officer, District Employment Office, Madurai. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to restore the name of the petitioner in the live register of the second respondent Employment Exchange with the same seniority dated 13.09.1994 as per the decision rendered by the Full Bench of this Court dated 11.10.2007 in Review Application Nos.14 and 15 of 2007 and direct the second respondent to sponsor the petitioner's name against existing vacancies in the Government Service for the post of Secondary Grade Teacher as per the seniority dated 13.09.1994. For Petitioner : Mr.A.K.Manickam For Respondents : Mr.B.Pugalendhi, Special Government Pleader O R D E R Heard Mr.A.K.Manickam, learned Counsel for the petitioner and Mr.B.Pugalendhi, learned Additional Government Pleader, who takes notice for the respondents. 2. By consent, the writ petition itself is taken up for final disposal. 3. The petitioner K.Jeyamalini, who was appointed as Secondary Grade Teacher in Gomathi Middle School at Anuppanadi in Madurai, through Employment Exchange on 21.10.2002, has filed the present writ petition, seeking a writ of mandamus to direct the respondents to restore the name of the petitioner in the second respondent/the District Employment Officer, Madurai in the same seniority dated 13.09.1994 as per the decision rendered by the Full Bench of this Court in Rev. Application Nos.14 and 15 of 2007 dated 11.10.2007. 4. The petitioner, who completed her Diploma in Teacher Education course in the year 1994, registered the same in the second respondent Employment Exchange on 13.09.1994. Thereafter, she was appointed as Secondary Grade Teacher in Gomathi Middle School, in Anuppanadi at Madurai https://hcservices.ecourts.gov.in/hcservices/ 2 on 21.10.2002, through the Employment exchange. Subsequently, as the petitioner got employment in a private school, the second respondent has removed her name from the live register, hence, the petitioner has made a representation on 13.11.2009 to the second respondent with a request to restore her seniority from the date of original registration viz., 13.09.1994, since the persons who got employment in Private Aided Schools are not disqualified from having their names retained in the rolls of the Employment Exchanges, as per the decision of the Full Bench of this Court in Rev. Application Nos.14 and 15 of 2007 dated 11.10.2007. As the respondents refused to consider the representation, she has come to this Court with the above writ petition. 5. The learned Counsel appearing for the petitioner submits that the issue raised in the present writ petition to restore the original seniority of a person, who has subsequently got employment in a private school has already been decided and settled in the Full Bench Judgment of this Court as mentioned supra. 6. In reply, the learned Special Government Pleader appearing for the respondents submits that this Court has already passed similar orders in W.P.(MD)No.7557 of 2009, dated 06.08.2009 and W.P.(MD)No.13253 of 2009, dated 15.12.2009. The same is recorded. 7. No doubt, the petitioner got her name registered in the Employment Exchange on 13.09.1994. Subsequently, she was appointed as Secondary Grade Teacher in Gomathi Middle School at Anuppanadi in Madurai, through Employment Exchange on 21.10.2002. When this Court, in the above mentioned Full Bench Judgment, has decided the issue of the persons, who got employment in Private Aided Schools, holding that the persons who are in employment in Private Aided Schools are not disqualified from having their names retained in the rolls of the Employment Exchanges, this Court is also inclined to give a direction to the respondents. Accordingly, the respondents are directed to restore the petitioner's original seniority and to sponsor the petitioner's name against existing vacancies or the future vacancies that may be arisen in the Government Service for the post of Secondary Grade Teacher as per the seniority dated 13.09.1994. 8. With the above direction, this writ petition is disposed of. No costs. Sd ASST REGISTRAR ( RTI Act ) /TRUE COPY/ SUB ASST REGISTRAR ssl To 1. The Director, Directorate of Employment and Training Guindy, Chennai-32. 2. The District Employment Officer, District Employment Office,Madurai. 1CC TO THE SPL. GOVT PLEADER SR: 46030: DM::2012::JANUARY:02: W.P.(MD)No.14962 of 2011 2P:4C:: 23.12.2011 https://hcservices.ecourts.gov.in/hcservices/