1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11820 of 2011 V.Kamalam ... Petitioner Vs. 1. The Director, Directorate of Employment and Training, Guindy, Chennai-32. 2. The District Employment Officer, District Employment Office, Dindigul District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to restore the petitioner's name in the live register of second respondent employment exchange with the same seniority dated 23.04.2001 as per the decision rendered by Full Bench of this Court dated 11.10.2007 in Review Application Nos.14 and 15 of 2007 and to direct second respondent to sponsor her name against an existing vacancies in the Government service for the post of Physical Education Teacher as per the seniority. For Petitioner : M/s. R.Surianarayanan For Respondents : Mr.M.Alagathevan, Special Govt. Pleader O R D E R The petitioner has come to this Court seeking for the issuance of a Writ of Mandamus to direct the respondents to restore her name in the live register of the second respondent employment exchange with the same seniority from 23.04.2001, as per the decision rendered by the Full Bench of this Court in Review Application Nos.14 and 15 of 2007, dated 11.10.2007, wherein this Court has held that if a person is employed in a private aided school and subsequently, the said name is deleted from the live register of the employment exchange, the same shall be restored in the live register with the same seniority and the Employment Exchanges were accordingly directed to sponsor their names against the existing vacancies without denying their request to register their names in the employment exchange on the ground that they were already employed in a private aided school. Therefore, the grievance of the petitioner in the present writ petition is while the petitioner was appointed as Physical Education Teacher in an aided school viz., Mahalakshmi Girls Higher Secondary School at Batlagundu on 23.08.2007 on time scale of pay and the same was also approved by the District Elementary Officer, Dindigul and in spite of the fact that she has been working in a private aided school at Batlagundu, she is entitled to get her name continued in the employment exchange for future sponsorship from employment exchange to any Government schools. https://hcservices.ecourts.gov.in/hcservices/ 2 2. On the contrary, when the petitioner went to the second respondent office to renew her number, the second respondent informed the petitioner that her name has already been removed from the live register as she was employed as a Physical Education Teacher at a private aided school. The said action of the second respondent is against law and also violating the order passed by this Court, he has sought for Mandamus or direction to direct the respondents to restore her name in the live register of second respondent employment exchange with the same seniority. 3. Mr.M.Alagathevan, learned Special Government Pleader appearing for the respondents takes notice. Since the issue arise in the present writ petition is covered by a Full Bench judgment of this Court in Review Application(MD).Nos.14,15,40 to 47 and 49 to 52 of 2007, dated 11.10.2007 in Sivakumari,R. v. Ramanathapuram Mavatta Payirchipetra Edainilai Asiriyargal Sangam, with the observation that an employment of teacher in a private aided school will not be an impediment for getting his or her name restored in the live register of employment exchange, this Court is bound by the ratio laid down by this Court. Accordingly, the writ petition stands allowed and the second respondent is directed to sponsor the name of the petitioner in any future vacancies arising for the post of Physical Education Teacher as per the seniority. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS) To 1. The Director, Directorate of Employment and Training, Guindy, Chennai-32. 2. The District Employment Officer, District Employment Office, Dindigul District akv GH : 31.10.2011 : 2p/3c W.P.(MD)No.11820 of 2011 12.10.2011 https://hcservices.ecourts.gov.in/hcservices/