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2012 DIGILAW 675 (MAD)

P. Pothum Ponnu v. Director of School Education, D. P. I. Campus

2012-02-08

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner had approached this Court with the prayer for issuance of a writ in the nature of Certiorari, to quash the impugned order of reversion with consequential relief of issuance of a writ in the nature of mandamus, directing the respondent to absorb the petitioner in the existing vacancy. 2. The petitioner was appointed as Part time Sweeper, in Government Girls High School, Madurai district, through employment exchange. The service of the petitioner were regularised on 27.11.2000 under the policy of the State Government to absorb part time employee who had put in specified number of years of service. 3. The case pleaded in the petition is, that when the petitioner was working as regular Watchman, the respondent No.1 issued instruction dated 15.03.2001 to revert the part time Watchman who were absorbed as regular employee, on the ground that the Government circular was not applicable to the part time employees. 4. Following the instructions of the respondent No.1, the respondent No.2 ordered reversion of the petitioner vide impugned order dated 9.4.2001. 5. The petitioner has challenged the impugned order, on the ground that the respondent No.1 has misinterpreting the Government instruction. As according to the instructions, the person appointed through employment exchange by following due process of law, were be regularised, therefore, the petitioner having been appointed through employment exchange by following due process of law was rightly regularised. 6. The impugned order is also challenged, on the ground that it is totally arbitrary, passed in violation of principle of natural justice, as no show cause notice was issued to the petitioner before ordering his reversion. 7. The reading of impugned order shows, that no notice was issued to the petitioner before ordering reversion of the petitioner. The impugned order therefore, being violation of principle of natural justice cannot be sustained as it affect the civil right of the petitioner. 8. Consequently, the writ petition is allowed. The impugned order is set aside. 9. However, it shall be open to the respondents to proceed in accordance with law, if so advised, by following principle of natural justice. No costs.