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Madras High CourtWP/9816/2010dismissed as infructuous

N.Jayanthi v. The Commissioner

2022-03-14Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.9816 OF 2010 N.Jayanthi .. 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. Alagappa Chettiar College of Engineering and Technology, Rep. by its Principal, Karaikudi-630 004.

.. 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 (Civil Engineering) with effect from the date of initial appointment i.e., 10.02.1988 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 Civil Engineering Department, Alagappa Chettiar College of Engineering and Technology, Karaikudi. Her grievance is that originally, she joined service with effect from 10.02.1988 on https://hcservices.ecourts.gov.in/hcservices/

contract basis and she was paid only a consolidated pay. Thereafter, the respondents, by G.O.Ms.No.232 (Higher Education Department), dated 02.05.1997, regularized her services with effect from 02.05.1997. She is aggrieved by the fact that her previous service from 1988-1997 is not at all considered and therefore, she has filed this Writ Petition for Mandamus to direct the first respondent for retrospective regularization from the original date of appointment i.e., from 10.02.1988 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.01 of the said G.O and her service is regularized with effect from 01.08.1990.

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, Alagappa Chettiar College of Engineering and Technology, Karaikudi-630 004.

+1cc to the Government Pleader, S.R.No.17411 W.P.No.9816 of 2010 PMK(CO) RLP(24/03/2022) https://hcservices.ecourts.gov.in/hcservices/