Case Note & Summary
The writ petition was filed by a watchman and the CSI High School, Manamadurai, seeking a writ of mandamus directing the Government of Tamil Nadu, represented by the Secretary, Education Department, the Director of School Education and the District Education Officer, to regularize the first petitioner's service as watchman. The petitioners relied on G.O.Ms.926 Education (D1) Department dated 24.07.1989 and G.O.Ms.No.525 Education Department dated 29.12.1997, which had sanctioned the post, and sought continuation of that sanction with payment of all service benefits, emoluments and arrears of salary, as per a Division Bench judgment reported in (2008) 4 MLJ 289. The petition was admitted on 22.12.2017. During the proceedings, the court directed the respondents to file a report on action taken. A report was produced by the Joint Director (Secondary) dated 25.06.2021, which referred to representations from two other schools seeking salary grants for teaching and non-teaching posts. Those representations were examined under the guidelines laid down by the Division Bench in W.A. No.1329/1999 and batch cases dated 24.03.2008, and rejected as the schools were found not entitled to the release of grant, having failed to fulfil the prescribed guidelines. The judgment excerpt does not contain a final decision on the present writ petition.
Issue of Consideration
Whether the respondents should be directed to regularize the first petitioner's service as watchman by continuing the sanction accorded in G.O.Ms.926 Education Department dated 24.07.1989 read with G.O.Ms.No.525 Education Department dated 29.12.1997, and to pay all service benefits, emoluments, arrears of salary.
Law Points
- regularization of service
- writ of mandamus
- sanction continuation
- government orders
- service benefits
- arrears of salary
- compliance with division bench directions
Case Details
2025 LawText (MAD) (02) 249
W.P.(MD).No. 23973 of 2017
Dr. Justice A.D. Maria Clete
Mr.M.Joseph Thatheus Jherome, Mr.S.Shaji Bino
C.Alexander, CSI High School through Correspondent K.Pitchai
The Government of Tamil Nadu represented by the Secretary to Government, Education Department; The Director of School Education; The District Education Officer
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Nature of Litigation
Writ petition seeking regularization of services and continuation of sanction
Remedy Sought
Direction to respondents to regularize first petitioner's service as watchman and pay all service benefits, emoluments, and arrears of salary
Filing Reason
The first petitioner was a watchman and the school sought enforcement of government orders granting sanction for the post, as per a Division Bench judgment
Previous Decisions
The court directed the respondent to submit a report; the Joint Director (Secondary) issued proceedings dated 25.06.2021 which stated that representations from other schools were examined and rejected for not fulfilling the Division Bench guidelines
Issues
Whether the respondents should be directed to regularize the first petitioner's service as watchman by continuing the sanction accorded in G.O.Ms.926 Education Department dated 24.07.1989 read with G.O.Ms.No.525 Education Department dated 29.12.1997, and to pay all service benefits, emoluments, arrears of salary.
Judgment Excerpts
The present writ petition has been filed seeking regularization of the watchman post, along with the continuation of the sanction granted in the Government Order, as well as the corresponding service benefits and arrears of salary, as detailed above.
It is further stated that the representations of the above said school managements seeking grant for the teaching and non-teaching posts have been examined as per the directions given in para 29 of the common orders passed by the Hon’ble Division Bench of the Madras High Court in the batch cases in W.A.No 1329/1999 and etc. dated 24.03.2008 and rejected as the schools were not entitled for release of grant for the teaching and non teaching posts mentioned in the representations. Since they have not fulfilled the guidelines prescribed by the Hon’ble Division Bench in the common order passed in the Batch cases in W.A.No 1329/1999 and etc.
Procedural History
Writ petition admitted on 22.12.2017. Subsequent proceedings directed the respondent to submit a report on actions taken. The Joint Director (Secondary) produced proceedings dated 25.06.2021, stating that representations from other schools were examined and rejected as they did not fulfil the Division Bench guidelines. The petition remains pending or the final judgment was not included in the provided text.
