1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition (MD).No.446 of 2011 G.Radhai . . Petitioner Vs. 1.The Secretary, School Education (R1), Secretariat, Chennai. 2.The Director of School Education, College Road, Nungambakkam, Chennai. 3.The Chief Educational Officer, Kanyakumari District, Nagercoil. 4.The District Educational Officer, Kuzhithurai, Marthandam, Kanyakumari District. .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to consider the representation of the petitioner, dated 24.11.2010 and absorb the petitioner in the time scale of pay and reqularize his service from the date of his appointment, dated 01.12.1992 and pay all monetary and other attendant benefits to the petitioner, within the time stipulated by this Court. For Petitioner : Mr.M.R.Sreenivasan For Respondents: Mr.R.Manoharan Government Advocate ORDER By consent the writ petition itself is taken up for disposal. 2. Heard Mr.M.R.Sreenivsan, learned counsel for the petitioner and Mr.R.Manoharan, learned Government Advocate appearing for the respondents. 3. The prayer in the writ petition is for a direction to direct the respondents to consider the representation of the petitioner, dated 24.11.2010 and absorb the petitioner in the time scale of pay and regularise her services from the date of her appointment dated 01.12.1992 and pay all monetary and other attendant benefits. 4. The grievance of the petitioner appears that she is a physically challenged lady and she completed X standard and registered her name in the employment exchange under the physically challenged category in the year 1982. She was later appointed as a Part Time Sweeper in the Government Middle School, Kaliyakkavilai, by the third respondent by his proceedings, dated 01.12.1992 through the employment exchange on a monthly consolidated salary of Rs.105/- and since then, she is discharging her duties. She claims that she is working for the past 19 years with the same salary and the services of the similarly placed https://hcservices.ecourts.gov.in/hcservices/ 2 persons in other districts like Tirunelveli and Thoothukudi were regularised and they were absorbed under time scale of pay. According to her, as per the Government Order in G.O.Ms.No.528, Personnel Administrative Reforms (Perf) Department, dated 10.10.1988, though she is entitled for certain benefits, she has not been considered. Further she claims that as per the recent Government Order in G.O.Ms.No.151 Social Welfare and Physically Challenged Persons Welfare Department, dated 16.10.2008, wherein physically challenged persons working more than two years under consolidated pay are to be brought under the time scale of pay. Therefore, the petitioner made a representation on 24.11.2010 explaining her difficulty in leading the life with a meagre salary at Rs.105/- per month without regularisation. Hence, she sought for a direction to the respondents to consider her representation. 5. After going through the relevant materials and documents annexed in the typed set of papers, the learned Government Advocate submits that though the Government Orders provided for regularisation of employees who are working on a regular basis, it may not be applicable to the employees working on a consolidated pay and part time in view of the clarification issued by the Government. However, he is not opposing to consider the representation of the petitioner. 6. In view of the above, as the petitioner's counsel has made a plea that if the detailed representation made by the petitioner on 24.11.2010 is disposed of, then the grievance of the petitioner would be redressed. 7. In the light of the above submissions and considering the circumstances, the first respondent is directed to consider the petitioner's representation dated 24.11.2010 and pass appropriate orders, in accordance with law and on merits, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed to the extent indicated above. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The Secretary, School Education (R1), Secretariat, Chennai. 2.The Director of School Education, College Road, Nungambakkam, Chennai. 3.The Chief Educational Officer, Kanyakumari District, Nagercoil. 4.The District Educational Officer, Kuzhithurai, Marthandam, Kanyakumari District. +1cc to The Special Government Pleader, SR.3013 +1cc to M/s.M.R.Sreenivasan, Advocate SR.2920 jikr SR : 11.02.2011 : 2p/7c Order made in Writ Petition (MD).No.446 of 2011 25.01.2011 https://hcservices.ecourts.gov.in/hcservices/