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Madras High CourtWP/11041/2004disposed of

P. Subathra v. The Director Of Collegiate

2017-07-24Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.11041 of 2004 P.Subathra ... Petitioner vs.

1. The Director of Collegiate Education, College Road, Nungambakkam, Chennai - 600 006.

2.The Joint Director of Collegiate Education, Madurai Region, Shenoynagar, Madurai - 625 203.

3.The Secretary and Correspondent, Virudhunagar Hindu Nadars SenthilKumara Nadars College, Virudhunagar - 626 001.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondents resulting in third respondent's impugned order dated 23.03.2004 passed in R.C.No.9/2004-0S and quash the same and direct the respondents to reinstate the petitioner forthwith with backwages ans all the attendants benefits etc., and to treat the period from the date of suspension till the actual date of reinstatement in source as on duty.

For Petitioner :Mr.P.Godson Swaminathan For Respondents:Mr.R.Govindasamy Special Government Pleader for R1, R2 M/s.Srinivasa Raghavan for R3

ORDER

The writ petition has been filed by the petitioner seeking for issuance of Writ of Certiorarified Mandamus to direct the respondents resulting in third respondent's impugned order dated 23.03.2004 passed in R.C.No.9/2004-0S and quash the same and direct the respondents to reinstate the petitioner forthwith https://hcservices.ecourts.gov.in/hcservices/

with backwages and all the attendants benefits etc., and to treat the period from the date of suspension till the actual date of reinstatement in source as on duty.

2. I heard the submissions of Mr.P.Godson Swaminathan learned counsel appearing for the petitioner and Mr.R.Govindasamy Special Government Pleader for R1, R2 and M/s.Srinivasa Raghavan learned counsel appearing for the 3rd respondent.

3. Pursuant to the interim order the petitioner was reinstated into service from 26.05.2004. The learned counsel for the petitioner represented that the period from 23.03.2004 to 26.05.2004 was not regularised.

4. Therefore, this writ petition is disposed of with the direction to the petitioner to make a fresh representation to the respondent within a period of 15 days from the date of receipt of a copy of this order. On receipt of the representation within the time stipulated by this Court, the respondents are directed to consider the said representation for regularising his service from 23.03.2004 to 26.05.2004. The said exercise shall be done within three months thereafter.

5. This Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ub To

1. The Director of Collegiate Education, College Road, Nungambakkam, Chennai - 600 006. 2.The Joint Director of Collegiate Education, Madurai Region, Shenoynagar, Madurai - 625 203. 3.The Secretary and Correspondent, Virudhunagar Hindu Nadars SenthilKumara Nadars College, Virudhunagar - 626 001.

+ 1 cc to Mr. P. Godson Swaminathan, Advocate SR.52242 + 1 cc to Government Pleader SR.52525 W.P.No.11041 of 2004 MN(CO) EU 29.08.17 https://hcservices.ecourts.gov.in/hcservices/