1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2011 CORAM THE HONOURABLE MR. JUSTICE K.N. BASHA W.P.(MD)Nos.450 and 582 of 2011 and M.P.(MD)Nos.1 & 1 of 2011 D.Dharmaraja ..Petitioner in W.P.(MD)No.450/2011 R.Shobana ..Petitioner in W.P.(MD)No.582/2011 Vs. 1. State of Tamil Nadu rep. by The Secretary to Government, (School Education), Fort St. George, Chennai. 2. Teacher Recruitment Board, E.V.K.Sampath Building 4th Floor, College Road, Chennai – 600 006. 3. The Director, Primary School Education, E.V.K.Sampath Building, College Road, Chennai – 600 006. 4. The District Educational Officer, Thallakulam, Madurai – 2. .. Respondents 1 to 4 in both the petitions 5. The District Employment Officer, Madurai District Employment Exchange, Madurai. .. Respondent No.5 in W.P.(MD)No.582 of 2011 * * * Prayer in WP.450 and 582/11 : Petitions filed under Article 226 of the Constitution of India praying Writ of Mandamus directing the respondents 1 to 3 to consider for the appointment of the petitioner for the post of Secondary Grade Teacher under priority category LAQ (BCO) provided in G.O.Ms.No.188 dated 28.12.1976. * * * For Petitioners in both : Mr.M.Suresh Kumar the petitions For Respondents in both : Mr.Aayiram K.Selvakumar the petitions Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 2 C O M M O N O R D E R Both the writ petitions are arising out of the same cause of action to the effect of seeking the relief of direction to the respondents 1 to 3 to consider the petitioners for appointment to the post of Secondary Grade Teachers under priority category LAQ (BCO) provided in G.O.Ms.No.188 dated 28.12.1976, and as such, both these petitions are taken up for final hearing together and disposed of by means of this common order. 2. The learned counsel for the petitioners would submit that the petitioners are qualified and eligible for appointment to the post of Secondary Grade Teachers under the priority category of land acquisition as the lands belong to their families were acquired by the Adi Dravidar Welfare Department and as per the G.O.Ms.No.188, Personnel and Administrative Reforms Department, dated 28.12.1976, they are entitled to seek the relief of priority in employment under the said category. It is contended that in spite of the petitioners' making representations dated 23.12.2010, no action was taken till date and as such, the petitioners have been constrained to approach this Court with these petitions with the above said prayer. 3. Heard the learned Government Advocate on the submissions made by the learned counsel for the petitioners. It is submitted that the representations of the petitioners' would be considered in the light of G.O.Ms.No.188, Personnel and Administrative Reforms Department, dated 28.12.1976. 4. This Court carefully considered the submissions made by both sides and perused the entire materials available on record. 5. The fact remains that the land owners from whom the lands were acquired by the Department of the Government, particularly in respect of these two petitions by the Adi Dravidar Welfare Department, are entitled to seek the relief of priority in appointment to anyone of the family members. As far as the case on hand is concerned, the writ petitioners in both the matters have come forward with these petitions seeking priority in appointment in view of the fact that the lands belonging to their fathers have been acquired by the Adi Dravidar Welfare Department. It is seen that inspite of their representations no action was taken. 6. In view of the same, this Court, without going into the merits of the representations dated 23.12.2010, is constrained to direct the respondents 1 to 3 to consider the petitioners' representations dated 23.12.2010 after affording an opportunity to the petitioners, in the light of the https://hcservices.ecourts.gov.in/hcservices/ 3 G.O.Ms.No.188, Personnel and Administrative Reforms Department, dated 28.12.1976 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 7. These petitions are disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1. The Secretary, Government of Tamil Nadu, School Education, Fort St. George, Chennai. 2. Teacher Recruitment Board, E.V.K.Sampath Building 4th Floor, College Road, Chennai – 600 006. 3. The Director, Primary School Education, E.V.K.Sampath Building, College Road, Chennai – 600 006. 4. The District Educational Officer, Thallakulam, Madurai – 2 5.The District Employment Officer, Madurai District Employment Exchange, Madurai +4 Copies to Mr.M.SureshKumar, Advocate, SR.Nos.41010,41011 and 41133 +2 Ccs to The Spl Govt. Pleader, SR.Nos.41098 and 41099 gg rl/12c – 7.12.2011 W.P.(MD)Nos.450 & 582 of 2011 & M.P.(MD)Nos.1 & 1 of 2011 22.11.2011 https://hcservices.ecourts.gov.in/hcservices/