1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12410 of 2011 D.Anjali ... Petitioner Vs. District Employment Officer, District Employment Exchange, Ramanathapuram. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent to restore the registration of the petitioner in the live register in the respondent office as per original seniority No.W/657/97/88 dated 06.06.1988 and direct the respondent to sponsor the name of the petitioner against existing vacancy in the Panchayat Union Schools and Government Schools for Secondary Grade Teacher posts as and when called for. For Petitioner : Mr.V.Paneerselvam for C.S.Associates For Respondent : Mr.M.Alagathevan, Special Govt. Pleader O R D E R The present Writ Petition has been filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus to direct the respondent, the District Employment Officer, Ramanathapuram to restore the registration of the petitioner in the live register in the respondent office as per original seniority No.W/657/97/88 dated 06.06.1988 and to direct the respondent to sponsor the name of the petitioner against existing vacancy in the Panchayat Union Schools and Government Schools for Secondary Grade Teacher posts as and when called for. 2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondent. 3. By consent, the writ petition itself is taken up for final hearing. 4. The learned counsel for the petitioner submits that after passing the secondary grade teacher education in the year 1988, she has registered her name in the employment exchange at Virudhunagar on 06.06.1988 for which she was given a Registration No.W/657/97/88 on the very same day. Thereafter, she has been periodically renewing her employment registration and also waiting for employment opportunity for the post of Secondary Grade Teacher. Subsequently, her family has migrated to Rameswaram. As a result, on her request, the employment registration was transferred to Ramanathapuram District on 11.03.1997. In the meanwhile, the petitioner came to know that there has been a vacancy for the post of Secondary Grade Teacher in the Aided Elementary School, Ariyangundu, Thankachimadam, Rameswaram. Hence, she has applied for the said post and she got selected and appointed as Secondary Grade https://hcservices.ecourts.gov.in/hcservices/ 2 Teacher and joined on 15.09.1997. In spite of the fact that she has been working, she has also renewed her name periodically in the employment exchange and also curiously waiting for call letter to be posted in any of the Government Schools. But the respondent refused to consider for any of the post which is arising in the Government Schools for the simple reason that she has got appointment in a private school. The said refusal by the respondent in sending call letter is against the judgment of the Full Bench of this Court in Sivakumari,R v. Ramanathapuram Mavatta Payirchipetra Edainilai Asiriyargal Sangam reported in 2007(5) CTC 561. In para 39(d) of the judgment, the Full Bench of this Court held as follows: "(d) Persons already in employment in Private Aided Schools, whose names were deleted from the live register of the Employment Exchange shall have their names restored in the live registers with the same seniority and the Employment Exchanges are directed to sponsor their names against existing vacancies." Pursuant to the above direction, she prayed for a similar direction against the respondent. 5. Since the facts are admitted that the petitioner has been working in a private school as Secondary Grade Teacher from 15.09.1997, in view of renewal of her registration in the employment exchange, the respondent cannot refuse to restore the name of the petitioner in the live register with the same seniority. 6. Following the decision of the Full Bench of this Court mentioned above, this Court also in another W.P.(MD).No.10600 of 2009 in the case of N.Sugumari vs. The District Employment Officer, Ramanathapuram has given a direction to the District Employment Officer to include the name of the petitioner in the live register with the same seniority within a period of four weeks from the date of receipt of a copy of the order. 7. The above ruling will be squarely applicable to the facts of the present case, since she has been regularly renewing her registration in the District Employment Office. Accordingly, direction is issued to the respondent to include the name of the petitioner in the live register with the same seniority within a period of four weeks from the date of receipt of a copy of this order and the respondent is also directed to sponsor the name of the petitioner, if she is otherwise qualified and competent for any suitable post for the existing vacancies, that may arise in future. With the above observation, the writ petition stands disposed of. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To The District Employment Officer, District Employment Exchange,Ramanathapuram. +1 CC to Special Government Pleader (SR.No.37587) akv W.P.(MD)No.12410 of 2011 NSV/22.11.11/2P/3C 01.11.2011 https://hcservices.ecourts.gov.in/hcservices/