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S.F.Mohamed Mohaideen Sulaiman vs The State Of Tamil Nadu

Madras High Court|06 February, 2017

JUDGMENT / ORDER

By consent, the writ petition is taken up for final disposal.
2. Mr.V.Anandamoorthy, learned Additional Government Pleader accepts notice on behalf of respondents 1 to 4 and 6.
3. The petitioner was appointed as Post Graduate Assistant (Maths) on 01.06.2000 in the service of the 5th respondent School. According to him, the said appointment was to the post of permanent regular vacancy arose on account of the retirement of Mr.Edwinn Kingsly Chellemani, on attaining the age of superannuation. The petitioner would further claim that he is fully qualified to hold the said post and he has also having M.Phil and M.Ed. over and above the minimum qualification and that the 5th respondent School is a Private Recognized Government Aided Higher Secondary School which is a Minority Institution. The service of the petitioner was regularised from 01.06.2000 and he was also awarded selection grade scale of pay on 31.05.2010. The petitioner, in response to the application invited for selection to the post of Post Graduate Teacher in Mathematics, had applied to the Tamil Nadu Teachers Recruitment Board, the 3rd respondent herein and he was selected on merits and got his appointment as Post Graduate Teacher. In order to facilitate him to join in the said post, the 5th respondent school relieved him. Accordingly, he joined in the 6th respondent School on 11.01.2013.
4. The grievance expressed by the petitioner is that the period of service rendered by him in the 5th respondent Minority Institution has not been taken into consideration. As per G.O.Ms.No.1072 Personnel and Administrative Reforms (FR.III) Department, dated 31.10.1986, the period of past service of an Officiating Government Servant should be treated as continuous period of service without any break. In this regard, he has also submitted representations dated 09.09.2014, 06.08.2015 and 07.10.2016 to the respondents. Though the representations were received and acknowledged, so far no orders have been passed. Hence, he came forward to file this writ petition.
5. Heard the submission of the learned counsel for the petitioner and Mr.V.Anandamoorthy, learned Additional Government Pleader appearing for respondents 1 to 4 and 6.
6. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances, without going into the merits of the claim projected by the petitioner, directs the 4th respondent to consider and dispose of the petitioner's representations dated 09.09.2014, 06.08.2015 and 07.10.2016 on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the 6th respondent. The writ petition is disposed of accordingly. No costs.
06.02.2017 Index:Yes/No Internet: Yes/No vsi To
1. The Secretary, School Education Department, Fort St.George, Chennai - 600 009.
2. The Director of School Education, D.P.I.Compound, College Road, Chennai - 600 006.
3. Tamil Nadu Teachers Recruitment Board, D.P.I. Compound, College Road, Chennai - 600 006.
4. The Joint Director of School Education, D.P.I.Compound, College Road, Chennai - 600 006.
5. The Correspondent, L.K.Higher Secondary School, Kayael Pattinam - 628 204.
6. The Headmaster, Maraimalai Adigal Government Higher Secondary School, Pallavaram, Chennai - 600 043.
M.SATHYANARAYANAN.,J..
vsi Writ Petition No.2824 of 2017 06.02.2017 http://www.judis.nic.in
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Title

S.F.Mohamed Mohaideen Sulaiman vs The State Of Tamil Nadu

Court

Madras High Court

JudgmentDate
06 February, 2017