Kasi v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kasi ...

Petitioner Vs.

1.State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort St. George, Chennai - 600 009.

2.The Commissioner, Directorate of Technical Education, (DOTE) 51, Sardar Patel Road, Guindy, Chennai - 600 025.

3.The Principal, Government Polytechnic College, Korrkkai, Thiruthhuraipoondi Taluk, Tiruvarur District - 614 711.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus, directing the first and second respondents to regularize petitioner's service from 04.12.1998 only for the purpose of pensionary benefit in view of petitioner's representation dated 19.02.2024.

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For Petitioner : Mr.P.Tamilavel For Respondents : Mr.R.Neethiperumal Government Advocate

O R D E R

This Writ Petition has been filed for direction to the respondents 1 and 2 to consider the representation submitted by the petitioner seeking regularisation of his service from the date of his original appointment dated 04.12.1998 for the purpose of pensionary benefits. 2.

The petitioner was appointed as a Lecturer on 14.12.1998 at Central Polytechnic College, Chennai, on a contract basis. Subsequently, on 13.07.2006, he was regularised and due to his age of superannuation, retired from service on 31.03.2024. Now, the petitioner submitted a representation seeking the period during which he was working on a contractual basis to be considered for his pensionary benefits. 3.

Similarly placed person already made request and the same was rejected and it was challenged before this Court in W.P.(MD)No.2872 of 2022. This Court, by an order dated 14.02.2022 confirmed the order of the Government on the ground of lapses. In the 2/5

case in hand also, the petitioner was regularised on 13.07.2006, and he made representation only on 19.02.2024 for regularisation of his earlier service from the year 1998. Therefore, the representation submitted by the petitioner cannot be considered. The writ petition is devoid of merits and the same is liable to be dismissed.

4.

Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

04.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/5

To 1.The Secretary, State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai - 600 009.

2.The Commissioner, Directorate of Technical Education, (DOTE) 51, Sardar Patel Road, Guindy, Chennai - 600 025.

3.The Principal, Government Polytechnic College, Korrkkai, Thiruthhuraipoondi Taluk, Tiruvarur District - 614 711.

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G.K.ILANTHIRAIYAN, J.

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