A.D.Surendar v. The Executive Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.D.Surendar ... Petitioner Vs.
1.The Executive Director, The Society for Electronics Transaction and Security (SETS), M.G.R Knowledge City, C.I.T Campus, Tharamani, Chennai.
2.The Chief Administrative and Accounts Officer, The Society for Electronics Transaction and Security (SETS), M.G.R Knowledge City, C.I.T Campus, Tharamani, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to regularize the service of the petitioner in the post of Electrical Supervisor right from the date of his appointment with all service and monetary benefits by considering his representation dated 23.12.2022. For Petitioner : Mr.K.Myilsamy For Respondents : Mr.S.Balasubramanian, Standing Counsel
ORDER
This Writ Petition has been filed to direct the respondents to regularize the service of the petitioner in the post of Electrical Supervisor Page No.1 of 4
right from the date of his appointment with all service and monetary benefits by considering his representation, dated 23.12.2022. 2.The contention of the petitioner is that he was appointed as Electrical Supervisor on temporary basis for a period of one year on a consolidated pay on 15.09.2009. On completion of every one year, the contract of the petitioner was renewed and till date the petitioner has been working in the respondents Office in the same post. Despite the petitioner had completed more than 13 years of service, he was not regularized. As like petitioner, the other employees joined on consolidated pay basis, their services were regularized and promotion was given. In this regard, the petitioner has given representation, dated 23.12.2022, however, the same has not been considered. Hence, seeks direction of this Court. 3.
The learned Standing Counsel appearing for the respondents has filed counter and brought to the notice of this Court that the petitioner was appointed purely on contract basis, in fact, the contract of all the persons including the petitioner has been renewed continuously. Page No.
4.In such view of the matter, having accepted the terms and conditions that the appointment is purely contractual, now the petitioner, as a matter of right, cannot seek regularization of service or cannot seek direction to absorb him directly to regular post. 5.Hence, I do not find any merit in this Writ Petition and the same is is dismissed accordingly. No costs.
19.09.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Executive Director, The Society for Electronics Transaction and Security (SETS), M.G.R Knowledge City, C.I.T Campus, Tharamani, Chennai.
2.The Chief Administrative and Accounts Officer, The Society for Electronics Transaction and Security (SETS), M.G.R Knowledge City, C.I.T Campus, Tharamani, Chennai.
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N.SATHISH KUMAR , J.
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