S.Muthu v. The Principal Srinivasa Subbaraya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.11.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.32580 of 2019 and W.MP.No.32961 of 2019 1 S.MUTHU ... Petitioner Vs.
1 The Principal , Srinivasa Subbaraya Government Polytechnic college , Puttur, Sirkali- 609108.
2 The Commissioner Directorate of Technical Education, Guindy, Chennai-25.
...
Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to consider the Petitioners Representation (1) dated 24.6.2017 (2) 3.1.2018 (3) 5.3.2019 and (4) 25.9.2019 and regularize his services as a permanent one having discharged the mandatory period of Service as a Skilled Assistant at the Srinivasa Subbaraya Govt Polytechnic College, Puttur, Sirkali 609108, the 1st Respondent herein continuously and consequently reinstate the Petitioner's services with all Back wages and attendant benefits.
For Petitioner : Mr.D.Ashokkumar For Respondents : Mr.V.Kadirvelu, SPl.G.P.
for education.
ORDER
1.The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider the Petitioners Representations dated 24.6.2017, 3.1.2018, 5.3.2019 and 25.9.2019 and regularize his services as a
permanent one having discharged the mandatory period of Service as a Skilled Assistant at the Srinivasa Subbaraya Govt Polytechnic College, Puttur, Sirkali 609108, the 1st Respondent herein continuously and consequently reinstate the Petitioner's services with all Back wages and attendant benefits.
2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3.The case of the petitioner is that he was appointed as Skilled Assistant in the year 2013 on temporary basis at Srinivasasubbaraya Government Polytechnic College, Puttur, Sirkaliand and right from the year 2013 onwards, the petitioner has been working as such on temporary basis. The grievance of the petitioner is that though he rendered into service for years together, his service has not been regularised. Thereafter, the petitioner made several representations viz., 24.06.2017 , 03.01.2018, 05.03.2019 and 25.09.2019 to the respondents, requesting them to regularise his service. Since, no action is forthcoming despite his representations, the petitioner is before this Court.
4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 24.06.2017, 03.01.2018, 05.03.2019 and 25.09.2019 and to pass appropriate orders.
5.The learned Special Government Pleader appearing for the respondents while conceding the claim of the petitioner, would submit that if any such direction is given by this Court, the same would be complied with and the representation of the petitioner would be disposed of in accordance with law. 6.Considering the facts and circumstances of the case and the submissions made on either side, without going into the merits of the case, the petitioner is directed to make a fresh representation to the respondents within a period of two weeks from the date of receipt of copy of this order and on such representation being made, the respondents are directed to consider and dispose of the same in accordance with law within a period of six weeks thereafter.
7.The writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is closed. 8.
Sd/- Assistant Registrar(CJ conf) //True Copy// Sub Assistant Registrar
jrs To 1.The Principal , Srinivasa Subbaraya Government Polytechnic college , Puttur, Sirkali- 609108.
2.The Commissioner Directorate of Technical Education, Guindy, Chennai-25.
+1cc to Mr.D.Ashok Kumar, Advocate SR.97211 W.P.No.32580 of 2019 and W.MP.No.32961 of 2019 NRL(CO) CB(19/12/2019)