ORDER :

1. The prayer sought for herein is for a Writ of Mandamus directing the respondents to regularise the services of the petitioner from the date of his appointment, i.e., on 01.07.2002 in the post of Office Assistant as per G.O.Ms.No.22 dated 28.02.2006 Personnel and Administrative Reforms (F) Department, with all attendant service benefits including arrears of pay.

2. The petitioner was appointed as Office Assistant at the Government Girls Higher Secondary School, Manalmedu, Nagapattinam District on 01.07.2002, of course through the Parent and Teachers Association (PTA) and he had been working in that capacity for more than ten years.

3. Despite his long service of ten years rendered by the petitioner at the said school as OA, the service of the petitioner had not been regularised.

4. In this context, according to the petitioner, there has been number of orders passed by this Court, where, if any employee like the petitioner has been appointed and has been worked continuously for more than ten years, the service of such employees, viz., temporary employee or daily wages employee can be regularised on completion of ten years of service.

5. In this context, though the petitioner has made a request to the respondents to regularise the service and in this regard, the Service Certificate to that effect dated 20.07.2012 was given by the Headmaster of the school concerned, stating that, he was appointed on 01.07.2002 and had been continuously working till 20.07.2012, subsequently also nothing was forthcoming from the respondents, the petitioner has filed this Writ Petition with the aforesaid prayer.

6. Heard Ms.R.Anitha, learned counsel appearing for the petitioner who would submit that, the reason for non-selection of the candidature of the petitioner in regularising the service of him even after he has completed ten years of service on temporary basis, according to the respondents, is that, the appointment was initially made by the Parent Teachers Association and thereafter, no appointment has been made by the Parent Teachers Association. Without the name being sponsored by the Employment Exchange, it cannot be treated as regular appointment. Therefore, in this regard, whenever the Government Orders are passed, those benefits shall be extended by the respondents to the employees.

7. The learned counsel appearing for the petitioner would also submit that, the present issue has already came up before this Court in a batch of Writ Petitions and Writ Appeals before the Division Bench of this Court in W.P. No. 1258 of 2019 etc., batch in the matter of Home Secretary of Tamil Nadu and others vs. G.Sugumaran, where the Division Bench of this Court, by order dated 13.09.2019 has considered the issue exhaustively and a direction was issued to the respondents, to regularise those who were appointed in various capacities like the petitioner by Parent Teachers Association of the Government Schools by taking the import of the G.O.Ms.No.47, School Education Department, dated 02.03.2012 at least from the date of issuance of the said G.O.

8. By relying upon the said judgment of the Division Bench, the learned counsel seeks indulgence of this Court to give a direction to that effect for extending the benefit as has been envisaged in the Division Bench Judgment to the petitioner also for regularising his service on completion of ten years of service or issuance of G.O.Ms.No.47.

9. Per contra, the learned Government Advocate appearing for the respondents would rely upon the following averments of the counter affidavit, which reads thus:

"Regarding the averments in para 8 of the affidavit of the petitioner, it is submitted that the petitioner has been engaged to work as Office Assistant in the Government Girls Higher Secondary School, Manalmedu only on payment of wages from the funds of Parent and Teachers Association which cannot amount to the Government employment either on daily wages or on consolidated salary borne from the funds of the Government. I