1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)Nos.14405 &14406 of 2011 1.D.Paul Daniel :Petitioner in W.P.No.14405/2011 2.M.Ligi Rethina Bai :Petitioner in W.P.No.14406/2011 -Vs- 1. The Secretary to Government School Education(R1)Department, Secretary, Chennai. 2. The Director of School Education(Elementary) College Road, Nungambakkam, Chennai. 3. The Chief Educational Officer, Kanyakumari District, Nagercoil. 4. The District Educational Officer, Kuzhithurai, Kanyakumari. :Respondents in both W.Ps' Prayer in W.P.No.14405 of 2011:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to absorb the petitioner in the time scale of pay and regularize his service from the date of his appointment, dated 01.12.1992 and to pay all monetary and other attendant benefits to the petitioner in the light of the petitioner's representation dated 05.11.2011 within the time stipulated by this Court. Prayer in W.P.No.14406 of 2011:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to absorb the petitioner in the time scale of pay and regularize his service from the date of his appointment, dated 10.12.1990 and to pay all monetary and other attendant benefits to the petitioner in the light of the petitioner's representation dated 05.11.2011 within the time stipulated by this Court. For Petitioner in both W.Ps' :M/s.C.Ganesh Kumar For Respondents in both W.Ps' :Mrs.S.Bharathi,Government Advocate COMMON ORDER Heard both sides. 2.It is an admitted fact that the petitioner in W.P.No.14405 of 2011 was appointed as part-time Sanitary worker in Government Middle School, Devikodu on 01.12.19922 through Employment Exchange, Nagercoil, Kanyakumari District Since then he has completed 19 years of continuous service. In the meanwhile, the petitioner has also submitted number of representations to the respondents from 1990 to 1992 seeking the respondents to pass appropriate orders for regularizing his service. Since the petitioner was appointed through Employment Exchange, Nagercoi, Kanyakumari District, the respondents should have considered the case of the petitioner by deciding the representation seeking the benefit of regularization as he has put in 19 years of continuous service. On an earlier occasion also a G.O.Ms.No.528, P and AR Department, dated 10.10.1988 was issued for 15 candidates who are similarly placed persons. Again an with identical issue came up before this Court in W.P.No.12672 to 12675 of 2010, this Court by order dated 13.10.2010 passed the following order: https://hcservices.ecourts.gov.in/hcservices/ 2 "2.Since the learned counsel appearing for the petitioners has requested this Court to issue a limited direction to the respondents to consider and dispose of the representation of the petitioners dated 26.09.2010, 09.06.2010, 23.08.2010 and 12.08.2010 respectively,for which, the learned Government Advocate appearing for the respondents also has no objection, this Court by accepting the limited prayer made by the petitioners,directs the first respondent, the District Educational Officer, Kuzhithurai, Kanyakumari District, to consider the representations of the petitioners dated 28.09.2010, 09.08.2010, 23.08.2010 and 17.08.2010 respectively, in the light of G.O.Ms.No.22, Personal and Administrative Reforms(F)Department, dated 28.02.2006 and also in the light of the order passed by this Court in W.P.No.9727 of 2006, dated 24.06.2008 wherein it has been mentioned that the service of employees working in various Government Departments on daily wages in completion of ten years service as on 01.01.2006 are to be regularised, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order in accordance with law." Seeking the same benefits,these Petitioners have come to this Court. 3.The petitioner/M.Ligi Rethna Bai in W.P.No.14406 of 2011, who is appointed as Part-time Sanitary worker in the above said school on 10.12.1990 through Employment Exchange, Nagercoil, Kanyakumari District has also come to this Court with same set of facts for the same relief. 4.Therefore, by taking note of the fact that the petitioners have been appointed through Employment Exchange as part-time sanitary workers on 01.12.1992 and 10.12.1990 respectively and since then they have been working continuously for more than 19 years, this Court is inclined to issue direction directing the respondents to consider the petitioners representation, dated 05.11.2011 and pass appropriate orders on merits and in accordance with law by regularizing their service from the date of their appointments, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ petitions are disposed of.No costs Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Secretary to Government, School Education(R1)Department, Secretary, Chennai. 2.The Director of School Education(Elementary) College Road, Nungambakkam, Chennai. 3.The Chief Educational Officer, Kanyakumari District, Nagercoil. 4.The District Educational Officer, Kuzhithurai, Kanyakumari. +1CC to The Special Government Pleader. SR.No.44322. +2CC to Mr.C.Ganeshkumar, Advocate. SR.Nos.44143 & 44144. vsn RP/18.01.2012/2P/8C. W.P(MD)Nos.14405 and 14406 OF 2011 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/