LAWS(MAD)-2009-9-437

MOTCHA SAHAYA CELINE Vs. DISTRICT EMPLOYMENT OFFICER

Decided On September 01, 2009
MOTCHA SAHAYA CELINE Appellant
V/S
DISTRICT EMPLOYMENT OFFICER, Respondents

JUDGEMENT

(1.) (Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation, dated 31.07.2009.) The petitioner after completing her Higher Secondary Course has studied D.T.Ed coruse in the year 2000 and registered her name with the respondent Employment Exchange on 09.10.2000 and her registration number is w/4897/2000. Thereafter, the petitioner was selected and appointed as Secondary Grade Teacher in St.Filomina Primary School, on temporary basis and she was brought under permanent scale of pay. Thereafter, it is submitted by the learned counsel for the petitioner that her name was removed from the live register and she was not permitted to renew her name. The respondent also informed the petitioner that her name will not be sponsored in the future, as he was employed in the Government Aided school. Hence the petitioner made a representation to the respondent on 31.07.2009.

(2.) ACCORDING to the learned counsel for the petitioner, the stand taken by the respondent in not restoring her name in the live register is against the judgment of the Full Bench of this Court in a decision in R. Sivakumari and seventeen others vs. Ramanathapuram Mavatta Payirchipetra Edanilai Asiriyargal Sangam, represented by its Secretary, 1/272, Mahasakthi Nagar, Collecotrate Post, Ramanathapuram- 623 503 and four others reported in 2007(5) CTC 561. In that judgment in para 39(b) and

(3.) THEREFORE, following the decision of the Full Bench Judgment, the Writ Petition is allowed and the respondent is directed to include the name of the petitioner in the live register with the same seniority as stated supra, 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 against the existing vacancies that arise in future. No costs.