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2025 DAILYLAW 84826 (MAD)

A.KAVIYARASAN v. THE GOVERNMENT OF TAMILNADU

WP/34946/2025 · 2025-09-17

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

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WP No. 34946 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-09-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA WP No. 34946 of 2025 1. A.Kaviyarasan, S/o.Late V.Arul, No.72 /1Z - 1A, Thitta Nagar, Narasingapuram Post, Attur Taluk, Salem District. Petitioner(s) Vs 1. The Government Of Tamilnadu, Rep. by the Chief Secretary, School Educational Department, Fort St.George, Chennai 600 009 2.The Joint Director Of School Education (Personal), Directorate Of School Education, D.P.I. Complex, College Road, Chennai -600 006. 3.The Chief Educational Officer, Salem District, Salem. 4.The District Educational Officer, 1 https://www.mhc.tn.gov.in/judis WP No. 34946 of 2025 (Elementary Education) Salem District, Salem. 5.The Block Educational Officer, Namakkal. 6.The Block Educational Officer, Block Educational Office, Gengavalli Taluk, Salem District. Respondent(s) PRAYER This Writ Petition has been filed seeking for issuance of a Mandamus, directing the respondents 1 to 3, to regularize the petitioner's service from the date of initial appointment as Junior Assistant and also declare the probation period and to fix the time scale of pay with all service and monetary benefits, in the light of the recommendation made by the 3rd respondent to the 2nd respondent dated 28.08.2023 in Na.Ka.No.000294/AA1/2023 within a stipulated time. For Petitioner(s): Mr.C.Prabakaran For Respondent: Mrs.Mythreye Chandran,Sl.G.P ORDER By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed seeking for issuance of a Mandamus, 2 https://www.mhc.tn.gov.in/judis WP No. 34946 of 2025 directing the respondents 1 to 3, to regularize the petitioner's service from the date of initial appointment as Junior Assistant and also declare the probation period and to fix the time scale of pay with all service and monetary benefits, in the light of the recommendation made by the 3rd respondent to the 2nd respondent dated 28.08.2023 in Na.Ka.No.000294/AA1/2023 within a stipulated time. 3.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the material available on record. 4.The learned counsel for the petitioner would submit that the third respondent has sent proposal dated 28.08.2023 to the second respondent for regularizing the service of the petitioner. However, the same was not considered by the second respondent till date. Therefore, the petitioner has made several representations to the respondents 2 and 3 in this regard. Since no action has been taken by the respondents till now, the petitioner is constrained to file 3 https://www.mhc.tn.gov.in/judis WP No. 34946 of 2025 the present Writ Petition. 5. Learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders. 6.Learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered within a time frame as stipulated by this Court. 7.In the light of the above, without going into the merits of the case, this Court is inclined to issue a direction to the second respondent to consider and pass appropriate orders, on the petitioner's representation dated 08.01.2024 in the light of the recommendation made by the third respondent, on its own merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. 4 https://www.mhc.tn.gov.in/judis WP No. 34946 of 2025 8. With the above direction, this Writ Petition stands disposed of. No costs. 17-09-2025 dn Index:Yes/No Neutral Citation:Yes/No 5 https://www.mhc.tn.gov.in/judis WP No. 34946 of 2025 To 1. The Government Of Tamilnadu, Rep. by the Chief Secretary, School Educational Department, Fort St.George, Chennai 600 009 2.The Joint Director Of School Education (Personal), Directorate Of School Education, D.P.I. Complex, College Road, Chennai -600 006. 3.The Chief Educational Officer, Salem District, Salem. 4.The District Educational Officer, (Elementary Education) Salem District, Salem. 5.The Block Educational Officer, Namakkal. 6.The Block Educational Officer, Block Educational Office, Gengavalli Taluk, Salem District. 6 https://www.mhc.tn.gov.in/judis WP No. 34946 of 2025 A.D.JAGADISH CHANDIRA, J. dn WP No. 34946 of 2025 17-09-2025 7 https://www.mhc.tn.gov.in/judis