O R D E R

The prayer sought for herein is for a Writ of Mandamus to direct the respondents to regularize the service of all the petitioners in the Post of Lecturer from their respective dates of their initial appointments based on G.O.Ms.No.244 Higher Education Department dated 27.7.2006 and G.O.Ms.No.1081 Education dated 19.8.89 and grant all consequential service and monetary benefits.

2. These petitioners, with the qualification of B.E. Degree were appointed at various point of time in 1990's as Instructors in the third respondent Polytechnic College. During the relevant point of time, where they had been appointed, the post of Instructors was not readily available because the same was directed to be abolished by issuance of G.O.Ms.No.1081, Higher Education Department dated

19.08.1989.

3. Despite such ban was imposed and the post of Instructor was done away, continuously appointments were made for several years upto 01.12.1997 in all the Polytechnic Colleges across the State, including the third respondent Polytechnic College, for the post of Instructor.

4. Subsequently, on need basis these appointments made during the ban period or during the period after the G.O.Ms.No.1081 dated 19.08.1989 was issued, the Government had come forward to regularize the services and accordingly issued G.O.Ms.No.534 dated 19.11.2004.

5. In that Government Order dated 19.11.2004, 236 qualified Instructors including the petitioners, whose names are found in Sl.Nos.196 to 207 and between 192 to 195 were regularized from the subsequent date as has been shown in the annexure to the Government Order, whereas these petitioners have been appointed prior to the said date and therefore, they wanted to regularize their services with effect from the date when they originally were appointed in the third respondent College.

6. Learned counsel for the petitioners would submit that, the very same issue had come up for consideration before this Court in W.P.No.11343 of 2011 (K.Saravanan -Vs- The Secretary to Government and Others), where, this Court, by an order dated 17.03.2021, had allowed the writ petition. Therefore, relying upon the said order, the learned counsel for the petitioners would contend that, similar or same relief can be granted to these petitioners as well.

7. Heard Mr.Karthikei Balan, learned Government Advocate appearing for respondents 1 and 2, who has fairly submitted that, since the similar prayer sought for in the other writ petition was allowed by this Court by order dated 17.03.2021, if the Court wants to extend the same benefit to these petitioners also, the respondents 1 and 2 would not stand in the way.

8. I have considered the submissions made by the learned counsel appearing for the parties and have perused the materials placed on record.

9. As has been rightly pointed out by the learned counsel for the petitioners, which has not been controverted by the learned Government Advocate that, the issue has already been decided in the aforesaid writ petition by order dated

17.03.2021, where this Court has passed the following order.

“ 13. I have considered the submissions made by the learned counsel appearing for both sides and have perused the materials placed on record.

14. The entire issue is covered under the import of G.O.Ms.No.534 dated 19.11.2004. Therefore, in order to appreciate the import of the said Government Order, the said Government Order is extracted in entirety herein.

“ORDER :

There are 17 Government Polytechnic Colleges, 35 Aided Polytechnic Colleges and 5 Special Institutions functioning under the control of Director of Technical Education. Among the teaching posts, Instructor Post was the entry level post. In the G.O., first read above, it was ordered that, i. Recruitment to the post of Instructor will be dispensed with, and ii. All the incumbents of the post of Instructor as and when they acquire B.E., 1st class qualification, will be promoted to the post of Associate Lecturer (later)

iii. Adequate number of supernumerary posts