M.Vijayaraj v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.9815 OF 2010 M.Vijayaraj .. Petitioner

Versus

1. The Commissioner, Directorate of Technical Education, Guindy, Chennai-600 025.

2. The Government of Tamil Nadu, Rep. by the Secretary to Government, Higher Education Department, Fort St.George, Chennai-600 009.

3. Govt. College of Engineering, Rep. by its Principal, Burgur-635 104.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other Writ, order or direction in the nature of Mandamus, directing the 1st respondent to regularize the petitioner services as lecturer (E.C.E) with effect from the date of initial appointment i.e., 07.09.1989 with all monetary and other service benefits as in the case of this counterparts in Polytechnics vide G.O.No.330 (Higher Education), dated 09.12.2002. For Petitioner :

No Appearance For Respondents :

Mrs.E.Ranganayaki Additional Government Pleader

ORDER

The petitioner is working as Selection Grade Lecturer in the Electronics and Communication Engineering Department, Government College of Engineering, Burgur.

His grievance is that originally, he joined service with effect from 07.09.1989 on contract basis and he was paid only a consolidated pay. https://hcservices.ecourts.gov.in/hcservices/

Thereafter, the respondents, by G.O.Ms.No.232 (Higher Education Department), dated 02.05.1997, regularized his services with effect from 02.05.1997. He is aggrieved by the fact that his previous service from 1989-1997 is not at all considered and therefore, he has filed this Writ Petition for Mandamus to direct the first respondent for retrospective regularization from the original date of appointment i.e., from 07.09.1989 onwards.

2. Mrs.E.Ranganayaki, learned Additional Government Pleader would submit that after filing the Writ Petition, by G.O. (Standing).No.255, dated 22.12.2016, the prayer of the petitioner has been granted. The service of the petitioner has now been regularized with effect from the original date of joining. As a matter of fact, the name of the petitioner is listed in serial No.25 of the said G.O and his service is regularized with effect from 07.09.1989.

3. Therefore, nothing remains to be adjudicated in this Writ Petition and this Writ Petition is dismissed as having become infructuous. No costs. Consequently, M.P.No.1 of 2010 is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar grs To

1. The Commissioner, Directorate of Technical Education, Guindy, Chennai-600 025.

2. The Secretary to Government Government of Tamil Nadu, Higher Education Department, Fort St.George, Chennai-600 009.

3. The Principal, Govt. College of Engineering, Burgur-635 104.

+1cc to the Government Pleader, S.R.No.17411 W.P.No.9815 of 2010 PMK(CO) RLP(24/03/2022) https://hcservices.ecourts.gov.in/hcservices/