IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.7.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.16854 of 2006 (T) O.A.No.1986 of 1996 Jamnakathu .. Petitioner vs. 1. State of Tamil Nadu rep. by its Secretary to Government Education, Science & Technology Dept., Fort Saint George Madras-600 009 2. The Director of School Education Madras-600 006 3. The Chief Educational Officer Muthuvel Layout Villupuram, V.R.P.District 4. The Head Master Government Higher Secondary School Ulundurpet, V.R.P. District .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration to declare the G.O.Ms.No.834, dated 23.9.1994, of the first respondent is illegal and inconsistent with the various government orders starting from G.O.Ms.No.1719, dated 14.9.1978; to direct the first respondent to frame the service regularisation for the appointment and the regularisation of vocational instructors without affecting the service benefits of the 1387 double part-time teachers who were already regularised; to provide all service benefits to vocational instructors like annual increments, incentive increments, special allowance, medical leave, surrender leave, earned leave and LTD etc., and other similar service benefits which are available for the other teachers under fundamental rules. For petitioner : Mr.N.Damodaran For Respondents : Mr.T.Seenivasan Additional Government Pleader O R D E R It is stated that she was possessing B.Com., B.Ed., qualifications. She was appointed by the fourth respondent as a part time vocational instructor in the fourth respondent School, on 16.7.1981. The petitioner's appointment was approved by the Chief Educational Officer, South Arcot District at Cuddalore, by his proceedings, dated 30.10.1981, for the academic year 1981-82, on a consolidated pay of Rs.150/- per month. Subsequently, she was appointed for the academic years 1982-83, 1983-84 and for the academic year 1984-85 as single part time vocational instructor. The Chief Educational Officer, South Arcot District at Cuddalore, had approved her appointment as Double part-time vocational instructor for the period 1.10.1984 to 31.5.1985 and for the subsequent academic years. 2. It is further stated that even though the petitioner had been appointed during the year 1981, her service has not been regularised. Therefore, several representations had been made to the Government by the concerned association on behalf of the members, who were similarly placed as that of the petitioner. The Government by taking note of the representations had decided to regularise the service of the Double part-time vocational instructors by G.O.Ms.No.712, Education, dated 28.5.1990, and G.O.Ms.No.967, Education, dated 16.10.1992. However, by the impugned G.O.Ms.No.834, Education, Science and Technology (HS-II) Department, dated 23.9.1994, the regularisation of the petitioner had been cancelled and he has been reverted to the post carrying consolidated pay from the date on which he had been appointed into regular time scale of pay. 3. At the stage of the hearing of the writ petition, the the learned Additional Government Pleader appearing for the respondents had placed before this Court G.O.Ms.No.68, School Education Department, dated 20.3.2007, wherein such irregular appointments, as that of the petitioner, have been regularised based on the order passed by this Court in W.P.No.11389 of 2003, batch, dated 24.6.2004. 4. The learned counsel appearing for the petitioner had submitted that since the relief had been granted to the petitioner in G.O.Ms.No.68, School Education Department, dated 20.3.2007, the writ may be closed as no further orders are required to be passed in the writ petition. 5. In view of the submissions made by the learned counsel appearing for the parties concerned, the writ petition stands closed as no further orders are required to be passed in the writ petition. No costs. lan To: 1. State of Tamil Nadu rep. by its Secretary to Government Education, Science & Technology Dept., Fort Saint George Madras-600 009 2. The Director of School Education Madras-600 006 3. The Chief Educational Officer Muthuvel Layout Villupuram, V.R.P.District 4. The Head Master Government Higher Secondary School Ulundurpet, V.R.P. District