1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.13469 of 2011 T.Ananth :Petitioner -Vs- The District Employment Officer, Virudhunagar District. :Respondent Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to restore the name of the petitioner in the Live Register in the respondent/Employment Exchange with original seniority within the time stipulated by this Court. For Petitioner :M/s.T.Lajapathi Roy For Respondent :Mr.T.R.Janarthanan, Addl.Govt.Pleader ORDER The Petitioner/Mr.T.Anand, who brought his name registered with Higher Secondary course qualification in the respondent office, namely, The District Employment Officer, Virudhunagar District on 19.06.2002, after completing his diploma in Teacher Education again entered his additional qualification, namely, Diploma in Teacher Education in the respondent/Employment Exchange on 11.10.2004 under X 01.15 code Thereafter, he was waiting for employment. In the meanwhile, he has an opportunity to appear for an interview to the post of Secondary Grade Teacher in a private aided school, namely, Renugadevi Primary School at Rajapalayam. After the appointment of the petitioner to the post of Secondary Grade Teacher in the above mentioned School, he approached the respondent/Employment Exchange for maintaining his name in the Live Register with periodical renewal, so as to get employment in a Government School He made a representation, dated 27.02.2008 requesting the respondent to renew his registration in order to maintain his name in the Live Register There was no response from the respondent. Therefore, he made another representation, dated 30.03.2009 to the same respondent to get his name registered in the Live Register. Since the respondent/Employment Exchange refused to renew his name in the Live Register, the petitioner has come to this Court, seeking a direction to the respondent to restore his name in the Live Register with the respondent/Employment Exchange along with his original seniority. 2.In support of the prayer made, the learned counsel for the petitioner relied on a judgement of Full Bench Judgment of this Court in the case of Sivakumari, R. .vs. Ramanathapuram Mavatta Payirchipetra Edainilai https://hcservices.ecourts.gov.in/hcservices/ 2 Asiriyargal Sangam reported in 2007(5) CTC 561, for the proposition that the persons employed in private aided school on the basis of employment seniority are not disqualified from having their names retained in rolls/Live Register of Employment Exchange. The said submission finds support from the above mentioned judgement. 3.Mr.T.R.Janarthanan, learned Additional Government Pleader takes notice for the respondent. 4.As the ratio laid down by this Court in para 39 says that person who are employed in private aided schools are not disqualified from having their names retained in the rolls of the Employment Exchanges, the petitioner is entitled to maintain his name with original seniority in the Live Register. 5.In that view of the matter, this Court directs the respondent to restore the petitioner's name in the Live Register of the respondent/Employment Exchange with original seniority, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition is disposed of. No costs Sd/- Deputy Registrar (Writs) / TRUE COPY / Assistant Registrar To: The District Employment Officer, Virudhunagar District. +1CC Mr.T.Lajapathiroy, Advocate. SR.No.41594. +1CC to The Special Government Pleader. SR.No.41623. Vsn RP/28.11.2011/2P/4C. W.P(MD)No.13469 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/