R.K.Sathishkumar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.No.13298 of 2022 1.R.K.Sathishkumar 2.M.Indhu 3.K.Mahalakshmi 4.P.Ganesan 5.G.V.Vignesh 6.P.Anbarasi 7.V.Kuppu 8.A.Ramya 9.M.Dhanam 10.R.Rathinamala 11.R.Rajini 12.S.Umamaheswari 13.K.Krithika 14.E.Kavitha 15.A.Suji 16.J.Priya 17.A.Planiyammal 18.K.Vijayarajan 19.M.Raman 20.V.Buvaneswari 21.K.Kavitha 22.S.Ramya 23.K.Lalitha 24.K.Thangalakshmi
...Petitioners
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1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 60 002.
...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 services of the petitioners from the date of their initial appointment with all and consequential service and monetary benefits as per the Regulations of the 2nd respondent-University and G.O.(Ms).No.80, Labour and Employment [Q1] Department dated 02.03.2016 and based on the petitioners' representation dated 02.03.2021 and 14.06.2021 within a stipulated time.
For Petitioners : Mr.S.Sathia Chandran For R1 : Mr.P.Baladhandayutham Special Government Pleader For R2 : Ms.A.Bakkiyalakshmi Standing Counsel
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal.
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2. All the petitioners herein have been appointed in the second respondent University on compassionate ground between 2010 and 2012. Their representations seeking for regularization of their services have not been considered in time. Hence, the present Writ Petition has been filed.
3. G.O.(Ms).No.18, Labour and Employment (Q1) Department, dated 23.01.2020, has made comprehensive guidelines for appointment on compassionate grounds and the Government Order also states that the Heads of the Department should take speedy action to regularize the services of the candidates appointed on compassionate grounds as per the Rule within a period of one year.
4. This Court is of the view that the representations seeking for regularization requires to be considered only by the University and therefore, this Court may not be justified in stepping into the shoes of the respondents. Nevertheless, if the petitioners are granted liberty to make a fresh representation ventilating their grievances with a consequential direction to the respondents to consider the same within a stipulated time, the ends of justice could be secured.
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5. In the light of the above observation, the petitioners herein are granted liberty to give a fresh representation to the respondents ventilating their grievances, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents shall consider it, in the light of G.O.(Ms).No.18, Labour and Employment (Q1) Department, dated 23.01.2020, and pass appropriate orders, within a period of three months from the date of receipt of the representation. Till such consideration of the representation, the petitioners' service shall not be disturbed.
6. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 4/6
To 1.The Principal Secretary to Government, State of Tamil Nadu, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 60 002.
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M.S.RAMESH,J.
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