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Madras High CourtWP/27678/2019disposed of

J. Devanathan v. The State Of Tamil Nadu

2019-09-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 27678 of 2019 and W.M.P.Nos. 27202 & 27205 of 2019 J.Devanathan ..Petitioner Vs

1. The State of Tamil Nadu Rep. by its Principal Secretary to Government, Higher Education Department, Chennai - 600 009.

2. The Registrar, Anna University, Guindy, Chennai - 600 025.

3. The Dean, University College of Engineering Villupuram, (A Constituent of Anna University, Chennai) Kakuppam, Villupuram - 605 013.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Mandamus, directing the respondents to grant an order of extension of service to the petitioner in the post of Teaching Fellow in the 3rd respondent Institution for continuance in service beyond 30.06.2019 on par with other similarly placed Teaching Fellows selected along with the Petitioner, with all consequential and other attendant benefits. For Petitioner : Mr.T.K.Saravanan For Respondents : Mr.C.Munusamy Special Government Pleader for R1.

Mr.L.P.Shanmugasundaram for R2 & R3.

O R D E R

The prayer sought for in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents to grant an order of extension of service to the petitioner in the post of Teaching Fellow in the 3rd respondent Institution for continuance in service beyond 30.06.2019 on par with other similarly placed Teaching Fellows selected along with the Petitioner, with all consequential and other attendant benefits.

2. The case of the petitioner is that as per the orders of the 2nd respondent, he joined as a Teaching Fellow in University College of Engineering, Villupuram in the year 2009. The 2nd respondent vide Proceedings No.001/PR21/09/UCEV dated 15.03.2010 issued an order extending his tenure of Teaching Fellow for a further period of six months. The 2nd respondent vide proceedings No.351/PR 10&20/2010 dated 09.08.2010 issued an order revising the consolidated salary of the petitioner from Rs.11,000/- to Rs.20,000/-.

The 2nd respondent vide proceedings No.AUTC/Estt/Regr/2010/03 dated 04.10.2010 issued an order extending his tenure of Teaching Fellow for a further period of six months. Similarly vide Proceedings No.307 dated 28.03.2011 his tenure of Teaching Fellow was extended for a further period of six months. Thereafter by a Proceedings No.76 dated 13.02.2012 his tenure of Teaching Fellow was extended for a further period of six months.

3. The petitioner has given a representation to the Additional Registrar on 16.07.2019 stating that he has been working from 07.09.2019 and an oral termination of his service has severally affected financial situation of his family and he has been struggling to run his family having two small children. Hence in the said circumstances, being left with no other alternate and effacacious remedy, he constrained to move the present writ petition.

4. The learned counsel for the petitioner would now submit that it would be suffice if this Court issues direction to the Additional Registrar, Anna University, Chennai to consider the petitioner's representation dated 16.07.2019 within a time frame.

5. Without expressing any opinion on merits, I am inclined to issue a direction to the Additional Registrar, Anna University, Chennai to dispose of the Writ Petitioner's representation dated 16.07.2019, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kmm To

1. The Principal Secretary to Government, State of Tamil Nadu, Higher Education Department, Chennai - 600 009.

2. The Registrar, Anna University, Guindy, Chennai - 600 025.

3. The Dean, University College of Engineering Villupuram, (A Constituent of Anna University, Chennai) Kakuppam, Villupuram - 605 013.

Copy To:

The Additional Registrar, Anna University, Chennai.

+1cc to Mr.L.P.Shanmugasundaram, Advocate SR.87119 +1cc to Mr.T.K.Saravanan, Advocate SR.80376 +1cc to the Government Pleader SR.81165 W.P.No. 27678 of 2019 EUCO) CB(12/12/2019)