S.Uthirambal, v. The Vice Chancellor,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.8176 of 2011 and M.P.No.1 of 2011 S.Uthirambal

...Petitioner

-Vs1. The Vice Chancellor, Pondycherry University, R.V.Nagar, Kalapet, Pondicherry - 14.

2. The Deputy Registrar (Admn.), Pondycherry University, R.V.Nagar, Kalapet, Pondycherry - 605 014.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records in Ref.No.PU/Estt/NT5/201011/341 dated 16.12.2010 on the file of 2nd respondent and to quash the same and also consequently directing the 1st respondent to regularise the petitioner's service as Sweeper from 1992 to 18.11.2006 with all back wages.

For Petitioner :

Dr.G.Krishnamurthy For Respondents :

Mrs.A.V.Bharathi

ORDER

With the consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein is aggrieved against the inaction on the part of the respondents in regularising her services. The petitioner was engaged in 1990 on a part time basis as a Sanitary Worker with the respondent University. It is stated that there was no sanctioned post and therefore, the petitioner was kept on part time basis. When a special recruitment for https://hcservices.ecourts.gov.in/hcservices/

Scheduled Caste candidates was taken up to fill up the Mazdoor posts in 2005, it was found that the petitioner had already reached the age of 60 years and therefore, her candidature was not considered. However, on a sympathetic ground, her engagement as a Sanitary Worker was extended for one more year. This apart, the petitioner's son was also granted permanency as a Sanitary Worker in the year 2010 with effect from 01.11.1990, who continues his employment till date

3. When the post of a Sanitary Worker was not sanctioned when the petitioner was engaged by the University and when the petitioner has also crossed the age of 60 years when a special recruitment was undertaken, I do not find any infirmity on the part of the respondents in declining her request for regularisation.

4. Thus, there are no infirmities in the impugned order of the second respondent dated 16.12.2010 and accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar hvk To

1. The Vice Chancellor, Pondycherry University, R.V.Nagar, Kalapet, Pondicherry - 14.

2. The Deputy Registrar (Admn.), Pondycherry University, R.V.Nagar, Kalapet, Pondycherry - 605 014.

+1cc to M/s.A.V.Bharathi, Advocate SR. No.9790 W.P.No.8176 of 2011 and M.P.No.1 of 2011 NRL (CO) PR (24/02/2022) https://hcservices.ecourts.gov.in/hcservices/