R.Parthasarathy v. The Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20904 of 2017 R.Parthasarathy .. Petitioner vs 1.The Secretary to Government, Higher Education (F2) Department, Fort St George, Chennai - 600 009.

2.The Director of College Eductaion, College Road, Nungambakkam, Chennai - 600 006.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, directing the respondents to regularise the service of the petitioner in the cadre of College Librarian from the date of initial appointment namely 1.02.2011 based on the proposal sent by the second respondent to the first respondent in his Ref.Na.Ka.No.14091/C2/2010 dated 28.12.2016 and grant him all consequential service and monetary benefits within a reasonable time.

For Petitioner : Mr.K.Venkata Ramani, Senior Counsel for Mr.M.Muthappan For Respondents : Mr.K.Karthikeyan, Government Advocate.

O R D E R

The grievance of the writ petitioner is that he was initially appointed as a Ministerial Staff and subsequently appointed as a College Librarian by way of transfer of service. However, the appointment made in accordance with law has not been regularized for the reasons not known to the writ petitioner.

2. The learned Senior Counsel, appearing on behalf of the writ petitioner, made a submission that the second respondentDirector of College Education sent a proposal to the first respondent for grant of regularization on 28.12.2016. However, the said proposal is pending consideration for the past two years and no orders has been passed.

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3. Thus, without going into the merits of the matter, the first respondent is directed to consider the proposal submitted by the second respondent on 28.12.2016 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. The writ petitioner is directed to submit a fresh representation and all other relevant documents along with the order passed in this writ petition.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Svn/vkr To 1.The Secretary to Government, Higher Education (F2) Department, Fort St George, Chennai - 600 009.

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

+1cc to Mr.M.Muthappan, Advocate, S.R.No.70107 +1cc to the Government Pleader, S.R.No.70121 W.P.No.20904 of 2017 AD(CO) rrs 01/11/2018 https://hcservices.ecourts.gov.in/hcservices/