N.Anand v. The Principal Srinivasa Subbaraya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. Nos.10599 of 2020 & 24374 of 2022 and W.M.P.Nos.12879, 12880 of 2020 23379 & 23382 of 2022 N.Anand ... Petitioner in W.P.No.10599 of 2020 S.Muthu ... Petitioner in W.P.No.24374 of 2022 /vs/ 1.The Principal, Srinivasa Subbaraya Government Polytechnic College, Puttur, Sirkali 609 108.
2.The Director of Technical Education, Directorate of Technical Education, Guindy, Chennai - 600 025.
... Respondents in both writ petitions Writ Petitions in W.P.Nos.10599 of 2020 and 24374 of 2022 are filed under Article 226 of the Constitution of India to issue a writ of certiorari to call for the records pertaining to the issue of order in proceedings Ka.No.79/A1 of 2020 dated 31.01.2020 duly passed by the Principal in
charge, Srinivasa Subbaraya Government Polytechnic College, Puthur 609 108, Sirkali Taluk, the 1st respondent and the consequent order issued in proceedings vide Letter Nos.8569/PN.2/2017-1 and Letter Nos.8569/PN.2/2017-2, respectively, dated 17.02.2020, duly issued by the Director of Technical Education, Directorate of Technical Education, Guindy, Chennai-600 025, the 2nd respondent herein and quash the same. For Petitioner ...
Mr.P.Balamurugan for Mr.D.Ashok Kumar in both writ petitions For Respondents ...
Mr.K.Surendran Additional Government Pleader in both writ petitions COMMON ORDER Heard Mr.P.Balamurugan, the learned counsel for the petitioner and Mr.K.Surendran, the learned Additional Government Pleader for the respondents.
2. The petitioners have filed these writ petitions challenging the order passed by the first respondent in proceedings in Ka.No.79/A1 of 2020 dated 31.01.2020 and the consequent orders issued by the second respondent in proceedings vide Letter Nos.8569/PN.2/2017-1 and Letter Nos.8569/PN.2/2017-2, respectively, dated 17.02.2020.
3. The petitioners are said to be working from the year 2009 & 2012 respectively as daily wagers with the first respondent.
4. Mr.P.Balamurugan, the learned counsel for the petitioners submitted that the petitioners have worked for more than 240 days continuously and hence they should be regularized; the petitioners have given various representations to the respondents, but the same was not considered so far; hence they have filed these writ petitions.
5. Mr.K.Surendran, the learned Additional Government Pleader, submitted that the petitioners have been engaged as casual labourers and the recruitment can only be done in accordance with the rules of
recruitment and by following all other rules pertaining to reservations etc. and the petitioners cannot seek a back door entry; in the impugned order it is stated that the petitioners have to apply for the jobs whenever the notification is given calling for applications.
6. Considering the facts and circumstances of the case, I feel the petitioners could have worked out their remedy before the appropriate forum for declaring their permanent status. Without resorting to the above procedure, the petitioners have straight away filed these writ petitions seeking for regularization. Even the petitioners have not stated whether their case is covered under any Government Orders in this regard. Hence, I feel the petitions are liable to be dismissed.
7. Accordingly, these writ petitions are dismissed. No costs. Connected miscellaneous petitions are closed. 13.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn
To:
1.The Principal, Srinivasa Subbaraya Government Polytechnic College, Puttur, Sirkali 609 108.
2.The Director of Technical Education, Directorate of Technical Education, Guindy, Chennai - 600 025.
R.N.MANJULA ,J.
bkn W.P. Nos.10599 of 2020 & 24374 of 2022 13.03.2024