P.Balasubramaniam, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.19500 of 2019 P.Balasubramaniam

...Petitioner

vs.

1.The Government of Tamilnadu, Rep. by its Secretary, Higher Education Department, Fort St.George, Chennai - 9.

2.The Director, Director of Collegiate Education, College Road, Chennai - 6.

3.The Joint Director, Joint Director of Collegiate Education, Coimbatore - 18.

4.The Secretary, Thavathiru Santhalinga Adigalar Arts, Science & Tamil College, Perur, Coimbatore - 641 010.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to regularize the petitioner service as a Games Marker at 4th respondent college, by considering the representation dated 03.06.2019 and pay salary with effect from 01.06.1997.

For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.V.Kadirvelu for R3 Special Government Pleader

ORDER

The Writ Petition has been filed by the petitioner to direct the respondents 1 to 3 to regularize the petitioner service as a Games Marker at fourth respondent college, by considering the representation dated 03.06.2019 and pay salary 1/3

with effect from 01.06.1997.

2.The case of the petitioner is that the petitioner was appointed as Games Marker at the fourth respondent College with effect from 01.06.1997. The petitioner is continuously working for more than 22 years and his service was not regularized. However, the petitioner made several representations, till date the representations were not considered. Hence, the present Writ Petition has been filed before this Court. 3.The learned counsel appearing for the petitioner would submit that the similarly situated persons who are working for a long time in the aided College were regularized as per G.O.Ms.No.38 dated 06.03.2007. However, the petitioner service was not regularized, though the Educational Authorities forwarded the name of the petitioner to the Competent Authority for regularization of service but no order was passed till date. 4.The learned Special Government Pleader appearing for the third respondent would submit that the petitioner representation would be considered in accordance with law.

5.Without going into the merits of the case, I am inclined to issue direction to direct the respondents to consider the representation dt.03.06.2019 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar pam 2/3

To 1.The Secretary to Government, Higher Education Department, Fort St.George, Chennai - 9.

2.The Director, Director of Collegiate Education, College Road, Chennai - 6.

3.The Joint Director, Joint Director of Collegiate Education, Coimbatore - 18.

+1 cc to Mr.K.Sathish Kumar Advocate sr90043 W.P.No.19500 of 2019 pp(co) aa03/12/2019 3/3