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2025 DAILYLAW 182023 (MAD)

V.NEELAKANDAN v. THE GOVERNMENT OF TAMIL NADU

WP/45193/2025 · 2025-11-25

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.45193 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.11.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.45193 of 2025 and W.M.P.No.50337 of 2025 1.V.Neelakandan 2.S.Murugaiyan 3.N.Devendran 4.S.Sivaji 5.V.Selvam 6.C.Duraisamy 7.S.Sellasamy 8.T.Nammalwar 9.A.Christope Rita Mary …. Petitioners Vs 1.The Government of Tamil Nadu, Rep. by the Secretary to Government, School Education Department, Secretariat, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2.The Director of School Education, The Office of Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai – 600 006. Page 1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.45193 of 2025 3.The Chief Educational Officer, The Office of the Chief Educational Officer, Kallakurichi, Kallakurichi District. 4.The District Educational Officer, Office of the District Educational Officer, Kallakurichi, Kallakurichi District. 5.The Head Master, Government Boys Higher Secondary School, Ulunthurpettai (Town & Taluk), Kallakurichi District. 6.The Head Master, Government Girls Higher Secondary School, Ulunthurpettai, Kallakurichi District. 7.The Head Master, Government High School, Seerpatha Nallur (Post & Village), Kadampur (Via), Sankarapuram (Tk), Kallakurichi District. 8.The Head Master, Government Higher Secondary School, Ariyalur - 605 801, Sankarapuram (Tk), Kallakurichi District. 9.The Head Master, Government Higher Secondary School, Citheripattu (Village), Old Serungur (Post), Sankarapuram (Tk), Kallakurichi District. 10.The Head Master, Government Higher Secondary School, Virugavur (Village & Post), Kallakurichi Taluk & District. Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.45193 of 2025 11.The Head Master, Government Higher Secondary School, Kugaiyur (Post), Chinnasalem (Taluk), Kallakurichi District. 12.The Head Master, Government High School, Nedumanur, Ulunthurpettai (Taluk), Kallakurichi District. 13.The Head Master, Government Boys Higher Secondary School, Ilayarasu Kottai (Village & Post), Ulunthurpettai Taluk, Kallakurichi District. …. Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed in Government 1.Letter No. 4972/Pa.Ka 4 (1)/2023 dated 14.12.2023 reply given to V. Neelakandan 2.Letter No. 4989/Pa.Ka 4 (1)/2023 dated 22.12.2023 reply given to S. Murugaiyan 3.Letter No. 4989/Pa.Ka 4 (1)/2023 dated 22.12.2023 reply given to N. Devendran 4.Letter No. 4991/Pa.Ka. 4 (1) 2023 dated 23.12.2023 reply given to S. Sivaji 5.Letter No. 4988/Pa.Ka. 4 (1) 2023 dated 18.12.2023 reply given to V. Selvam 6.Letter No. 4950/Pa.Ka. 4(1)/2023 dated 14.12.2023 reply given to C. Duraisamy 7.Letter No. 4928/Pa.Ka. 4 (1)/2023 dated 20.12.2023 reply given to S. Sellasamy p. 3 https://www.mhc.tn.gov.in/judis W.P.No.45193 of 2025 8.Letter No. 4983/Pa.Ka. 4 (1)/2023 dated 18.12.2023 reply given to T. Nammalwar 9.Letter No. 4949/Pa.Ka. 4 (1)/2023 dated 13.12.2023 reply given to A. Christop Rita Mary by the First Respondent herein and quash the same and further direct the First Respondent to regularize the initial service period of the petitioners in the post of part time Sweeper from their date of first appointment on wards to date of regularization already extended to respective petitioners in the last Grade servant post and award the consequential regular time scale of pay for the said period respectively to the petitioners herein as extended the regularization of service with effect from the date of first appointment onwards to the same category similarly placed person Thiru P. Subramani vide G.O.Ms No 123 School Education (R1) Department dated 17.08.2011 with all attendant and consequential monetary benefits and revised pension thereof, within a time framed. For Petitioners : Mr.K.Thennan For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader ORDER This Writ Petition has been filed challenging the orders passed by the first respondent, thereby rejecting the request made by the petitioners seeking regularisation of their service. 2.Heard the learned counsel appearing on either side and perused the p. 4 https://www.mhc.tn.gov.in/judis W.P.No.45193 of 2025 materials available on record. 3.The petitioners were initially appointed as Part-Time Sweeper against the regular vacancies in the Government Higher Secondary School during the years 1991 to 1993 on consolidated pay. On attaining the age of superannuation, they retired from service. The petitioners have now submitted representation seeking regularisation of their services in the light of the orders passed by this Court in respect of similarly placed persons. 4.Similarly placed persons had approached this Court and were appointed as Full-Time Sweepers, whereas, the petitioners appointed as Part-Time Sweepers. After a lapse of nearly fourteen years, the petitioners approached this Court seeking regularisation of their service. This Court had earlier directed the respondents to consider the case of the petitioners on merits and in accordance with law. Pursuant to the said direction, the first respondent considered the request made by the petitioners and rejected the same on the ground that the petitioners were appointed only as Part-Time Sweepers. Hence, the request made by the petitioners was rightly rejected by the first respondent. 5.In view of the above, this Court finds no infirmity or illegality in the p. 5 https://www.mhc.tn.gov.in/judis W.P.No.45193 of 2025 orders passed by the first respondent. Thus, the writ petition lacks merit and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 25.11.2025 (2/2) Internet: Yes Index : Yes/No Lpp To 1.The Secretary to Government, School Education Department, Secretariat, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2.The Director of School Education, The Office of Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai – 600 006. 3.The Chief Educational Officer, The Office of the Chief Educational Officer, Kallakurichi, Kallakurichi District. 4.The District Educational Officer, Office of the District Educational Officer, Kallakurichi, Kallakurichi District. 5.The Head Master, Government Boys Higher Secondary School, Ulunthurpettai (Town & Taluk), p. 6 https://www.mhc.tn.gov.in/judis W.P.No.45193 of 2025 Kallakurichi District. 6.The Head Master, Government Girls Higher Secondary School, Ulunthurpettai, Kallakurichi District. 7.The Head Master, Government High School, Seerpatha Nallur (Post & Village), Kadampur (Via), Sankarapuram (Tk), Kallakurichi District. 8.The Head Master, Government Higher Secondary School, Ariyalur - 605 801, Sankarapuram (Tk), Kallakurichi District. 9.The Head Master, Government Higher Secondary School, Citheripattu (Village), Old Serungur (Post), Sankarapuram (Tk), Kallakurichi District. 10.The Head Master, Government Higher Secondary School, Virugavur (Village & Post), Kallakurichi Taluk & District. 11.The Head Master, Government Higher Secondary School, Kugaiyur (Post), Chinnasalem (Taluk), Kallakurichi District. 12.The Head Master, Government High School, Nedumanur, Ulunthurpettai (Taluk), Kallakurichi District. Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.45193 of 2025 G.K.ILANTHIRAIYAN. J, Lpp 13.The Head Master, Government Boys Higher Secondary School, Ilayarasu Kottai (Village & Post), Ulunthurpettai Taluk, Kallakurichi District. W.P.No.45193 of 2025 (2/2) p. 8 https://www.mhc.tn.gov.in/judis W.P.No.45193 of 2025 25.11.2025 p. 9 https://www.mhc.tn.gov.in/judis