Madras High CourtWP/26527/2022disposed of

R.Muthumari v. The University Of Madras

2022-10-26Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and WMP Nos.25589 and 25592 of 2022 R.Muthumari ... Petitioner

Versus

The University of Madras Rep by its Registrar, Centenary Buildings, Chepauk, Chennai-600 005 .... Respondent Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorarified Mandamus to call for the records of the respondent in connection with the order passed by the respondent in Official Communication No.F.1(C)/Estt/2020/078 dated 20.02.2020 and quash the same as illegal and direct the respondent to regularise the service of the petitioner atleast with effect from the date of completion of 10 years of service i.e., 05.05.2020 with all service and monetary benefits. For Petitioner : Mr.Singaravelan Senior Advocate for Ms.V.Ambika For Respondent : Ms.V.Sudha Standing Counsel 1/4

O RDER This writ petition has been filed challenging the impugned communication dated 20.02.2020 passed by the respondent, wherein, the petitioner's request for regularisation was rejected.

2. Learned Senior Counsel appearing for the petitioner, on instructions, would submit that the petitioner will be satisfied if her representation dated 25.08.2021, seeking for regularisation of her service is considered on merits and in accordance with law within a time frame to be fixed by this Court.

3. Since the representation given by the petitioner is an old one, the petitioner will have to necessarily give a fresh representation. The petitioner claims that since she has completed 10 years of service, the earlier communication dated 20.02.2020 issued by the respondent, which has been challenged in this writ petition, and the reasons given therein will not apply for the petitioner's representation given in the year 2021, seeking for regularisation of her service.

4. No prejudice would be caused to the respondents if the petitioner is 2/4

allowed to give a fresh representation seeking for regularisation of her service on the ground that she has completed 10 years of service and a direction is issued to the respondent to consider the said representation on merits and in accordance with law within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation seeking for regularisation of her service as Library Assistant to the respondent within a period of one week from the date of receipt of a copy of this order and on receipt of such representation the respondent shall pass final orders on merits and in accordance with law within a period of eight weeks thereafter.

With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 26.10.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order 3/4

ABDUL QUDDHOSE,J.

Sr To The University of Madras Rep by its Registrar, Centenary Buildings, Chepauk, Chennai-600 005 26.10.2022 4/4