R.Balamurugan v. Annamalai University

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.618 of 2018 and W.M.P.Nos.755 and 756 of 2018 Dr.R.Balamurugan ... Petitioner Vs 1.Annamalai University, Represented by its Registrar, Annamalai Nagar, Chidambaram, Tamil Nadu 608 002.

2.Principle Secretary, Department of Higher Education, Chief Secretariat, Chennai - 600 009.

3.The Public Information Officer, Annamalai University, Annamalai Nagar, Chidambaram, Tamil Nadu 608 002.

4.The Registrar, Anna University, Sardar Patel Road, Chennai 600 025.

5.University College of Engineering, Represented by its Principal, Dr.R.Karunakaran, Thirukkuvalai, Nagapattinam District - 610 204.

6.Ravishankar N 7.Saravana Natarajan P.S.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to to issue a Writ of Certiorarified Mandamus calling for the records of the 1st and 4th respondent relating to the impugned order vide University Order No.1318/2017 (c) dated

18.12.2017 in so far as the Petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequently direct the 1st respondent herein to correct the seniority list and permit the petitioner to continue his services in the 1st respondent University without any hindrance. For Petitioner :

Mr.Kumarpal R.Chopra For Respondents:

Mr.K.Sathishkumar, (for R1 and R3 ) Standing counsel Mr.L.P.Shanmugasundaram (for R4) Standing counsel Mr.V.Kadhirvelu (for R2) Special Government Pleader

O R D E R

This Writ Petition has been filed only against the consequential order dated 18.12.2017, appointing the petitioner as a surplus Assistant Professor in the place mentioned on deputation basis for a period of three year, subject to the terms and conditions as laid down in the G.O.Ms.No.270 Higher Education (H1) Department, dated 19.09.2017 and Proceedings of the Registrar, Anna University, Chennai Procs.No.:001/PR10 & 20/2017, dated 28.11.2017.

2.Unfortunately, the petitioner has not questioned the original order issued in G.O.Ms.No.270 Higher Education (H1) Department, dated 19.09.2017 and consequential order passed in Proceedings of the Registrar, Anna University, Chennai Procs.No.:001/PR10 & 20/2017, dated 28.11.2017. It is only the second consequential order alone has been challenged by the petitioner by which he has been posted as surplus Assistant Professor in the place mentioned on deputation basis for a period of three year, subject to the terms and conditions as laid down in G.O.Ms.No.270 Higher Education (H1) Department, dated 19.09.2017 and Proceedings of the Registrar, Anna University, Chennai Procs.No.:001/PR10 & 20/2017, dated 28.11.2017.

3.However, this Court, without knowing as to what are all the terms and conditions laid down in the G.O.Ms.No.270 Higher Education (H1) Department, dated 19.09.2017 and Proceedings of the Registrar, Anna University, Chennai Procs.No.:001/PR10 & 20/2017, dated 28.11.2017, which went unnoticed and unchallenged, cannot entertain this writ petition. Therefore, this petition fails and the same is liable to be dismissed.

4.Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar sai / kak To 1.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Tamil Nadu 608 002.

2.The Principle Secretary, Department of Higher Education, Chief Secretariat, Chennai - 600 009.

3.The Public Information Officer, Annamalai University, Annamalai Nagar, Chidambaram, Tamil Nadu 608 002.

4.The Registrar, Anna University, Sardar Patel Road, Chennai 600 025.

5.University College of Engineering, Represented by its Principal, Dr.R.Karunakaran, Thirukkuvalai, Nagapattinam District - 610 204.

+ 1 cc to Mr.K.Sathishkumar, Advocate,SR.5924 + 1 cc to Mr.L.P.Shanmugasundaram Advocate,SR.6742 + 1 cc to The Govt.Pleader, SR.6235 W.P.No.618 of 2018 NR 12/02/2018