R.Sivakumar, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.10.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28875 of 2019 and W.M.P.No.28614 of 2019 1.R.Sivakumar 2.M.Natesan 3.R.Elango 4.A.Jayakumar ..Petitioners vs 1.The State of Tamil Nadu Rep. by its Principal Secretary to Government Higher Education Department Secretariat, Fort St. George Chennai-600 009.
2.The Registrar Periyar University Periya Palkalai nagar Salem - 636 011.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pass orders for regularisation of services of the petitioners with time scale of pay as per the decision taken by the Syndicate Meetings dated 23.04.2013 followed by the several number of decisions including the last decision taken by the Syndicate of the University held on 29.01.2019 and 27.02.2019 by considering the representation submitted by the petitioners dated 05.08.2017 with consequential and other attendant benefits within a time frame to be fixed by this Court.
For Petitioners : Mr.G.Sankaran For R1 : Mr.C.Munusamy Special Government Pleader For R2 : Mr.P.Godson Swaminath
O R D E R
Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to pass orders for regularisation of services of the petitioners with time scale of pay as per the decision taken by the Syndicate Meetings dated 23.04.2013 followed by the several number of decisions including the last decision taken by the Syndicate of the University held on 29.01.2019 and 27.02.2019 by considering the representation submitted by the petitioners dated 05.08.2017 with consequential and other attendant benefits within a time frame to be fixed by this Court.
2. Heard the learned counsel appearing for the petitioners as well as the learned Special Government Pleader appearing for the 1st respondent and the learned counsel appearing for the 2nd respondent. By consent, the writ petition is taken up for final disposal.
3. The case of the petitioners is that they have been employed in the 2nd respondent University for almost 20 years. Initially, the petitioners were appointed on daily wages and subsequently, brought into consolidated pay with effect from 2010. Till date, the services of the petitioners were not regularised. Hence, this writ petition.
4.Learned counsel appearing for the petitioners submitted that though the petitioners were continuously employed for more than two decades and Syndicate meetings were periodically conducted to take decision to regularise the services of the petitioners, however, the services of the petitioners were not regularised till date. In this regard, the petitioners have made a representation to the respondents on 05.08.2017. However, the same has not been considered by the respondents till date. He further submitted that it would suffice, if this Court issues direction to the 2nd respondent to consider the petitioners' representation and pass appropriate orders within the reasonable time.
5. Considering the limited request made by the learned counsel appearing for the petitioners, this Court hereby directs the 2nd respondent to consider the petitioners' representation dated 05.08.2017 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6.The writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The State of Tamil Nadu Rep. by its Principal Secretary to Government Higher Education Department Secretariat, Fort St. George Chennai-600 009.
2.The Registrar Periyar University Periya Palkalai nagar Salem - 636 011.
+1 CC to Mr.P.Godson Swaminath, Advocate sr 84880. +1 CC to Govt. Pleader sr 84545 +1 CC to Mr.G.Sankaran, Advocate sr 84302.
W.P.No.28875 of 2019 and W.M.P.No.28614 of 2019 PPA(CO) SP(26/11/2019)