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Madras High CourtWP/612/2022disposed of

K.Jayabharathy v. The State Of Tamilnadu

2023-09-01Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

1. K.Jayabharathy

2. K.Geetha ... Petitioners Vs 1.The State of Tamil Nadu, rep. by its Secretary, Higher Education Department, Secretariat, Chennai.

2.The Commissioner of Technical Education, Directorate of Technical Education, Sardar Patel Road, Guindy-600 025.

3.The Principal, Government Polytechnic College, Arakandanallur, Villupuram District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to regularize the services of the petitioners from the date of their inception 1/5

into service with all consequential service as well as monetary benefits, within a time as fixed by this Court.

For Petitioners : Mr.Singaravelan, Sr. Counsel for Mr.M.Muruganantham For Respondent : Mr.P.Baladhandayutham Special Government Pleader - R1 & R2

ORDER

The petitioners herein had given several representations and recently sent a representation on 31.12.2021 to the respondents requesting them to regularize their services from the date of their inception into service with all consequential service, as well as monetary benefits. Since the said representation was not considered, the present Writ Petition has been filed.

2. It is needless to point out that whenever representations of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending 2/5

indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

3. Since the representations given by the petitioners dates back to the year 2021, it would be appropriate that the petitioners be granted liberty to give a fresh representation, with a consequential direction to the respondents to consider the same, thereby securing the ends of justice.

4. In the light of the above observations, the petitioners are granted liberty to give a fresh representation to the respondents herein, along with a copy of the earlier representation dated 31.12.2021, ventilating their grievances. On receipt of such representations, the respondents shall consider it and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of such 3/5

representations. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioners and it is open to the respondents to consider it on its own merits.

5. With the above direction, this Writ Petition stands disposed of. No costs.

01.09.2023 Index:Yes/No vrc To,

1. The Secretary, Higher Education Department, Secretariat, Chennai.

2.The Commissioner of Technical Education, Directorate of Technical Education, Sardar Patel Road, Guindy-600 025.

3.The Principal, Government Polytechnic College, Arakandanallur, Villupuram District.

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N.SATHISH KUMAR, J.

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