V.Sundaram, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.No.27847 of 2010 M.P.No.1 of 2010 V.Sundaram ... Petitioner Vs 1.The State of Tamilnadu Rep., by Secretary to Govt., Higher Education Dept., Secretariat, Chennai - 600 009 2.Government Engineering College, Salem.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to forbear the respondents from interfering with the petitioner's service while discharging his duties, either by harassment or in any manner.
For Petitioner : Mr.M.Elango For Respondents : Mr.A.M.Ayyadurai GA for RR1&2
ORDER
The Writ Petition had been filed seeking for Mandamus not to Page No: 1/5
interfere with the petitioner's service for discharging his duties. 2.The learned counsel appearing for the petitioner would submit that he had been working in the second respondent college as Sweeper for past 27 years and he is sought to be disturbed without considering his representation for regularisation.
3. It is brought to the notice of this Court that the Government by proceedings of the Principal Secretary to Government, Technical Education dated 23.11.2009, it is indicated that 63 persons worked in the second respondent college, Salem had been regularised and it is also admitted that the petitioner is one of the persons. 4.In such view of the matter, no orders are required to be made in this Writ Petition, as the petitioner's services have been regularised and the apprehension of the petitioner is no longer available. 5.However, the learned counsel appearing for the petitioner would submit that the petitioner had not been regularised from the Page No: 2/5
original date of appointment.
6.Therefore, the petitioner is at liberty to make a representation to the respondents seeking appropriate relief within a period of four (4) weeks from the date of receipt of a copy of this order. If the petitioner makes a representation within a stipulated time, the respondents are directed to dispose of the representation within a period of eight (8) weeks thereafter on merits and in accordance with law. 7.With the aforesaid liberty, the Writ Petition is disposed of. However, there shall be no order as to costs. Consequently connected Miscellaneous Petition is closed.
24.11.2023 pbn Index : Yes/No Speaking order : Yes/No Page No: 3/5
K.KUMARESH BABU,J.
pbn To 1.The State of Tamilnadu Rep., by Secretary to Govt., Higher Education Dept., Secretariat, Chennai - 600 009 2.Government Engineering College, Salem.
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