R.Manikandan v. Indira Gandhi Medical College And Research Institute
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.36972 of 2024
1. R. Manikandan
2. B. Saravanan
3. P.Anandharaj
4. A.Chitra
5. S.Selvi
6. R.Radha
7. K.Anandan
8. M. Yasodha
9. E.Shila 10.Banu @ Parijaban 11.G.Selvi 12.A.Ananda 13.G.Sadasivam 14.N.Nadesan 15.S.Annadorai 16.M.Velmurugan 17.R.Govindaraj 18.P.Manju 19.S.Saraswathy 20.M.Govindan 21.J.Elammal 22.Y.Krishnakumar
...Petitioners
Vs
1. Indira Gandhi medical College and Research Institute Represented by its Chairman, Vazhudavoor Road, Puducherry - 605 009.
2. The Director, Indira Gandhi Medical College & Research Institute I Floor, College Block, Vazhudavour Road.
Kadirkamam, Puducherry - 605 009 ...Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents 1 and 2 to consider the representation of the petitioners dated 11.11.2024 and to extend the benefit of the decision taken by governing body of the first respondent in its 22nd governing body meeting held on 19.10.2022 and to re-engage the petitioner in the post of multi purpose workers by considering their long tenure in service and pass orders. For Petitioner : Mr. T. Sai Krishnan For Respondent : Mrs.G.D. Jearany Government Advocate
ORDER
By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.
2. This petition is filed seeking to issue a Writ of Mandamus directing the Respondents 1 and 2 to consider the representation of the petitioners dated 11.11.2024 and to extend the benefit of the decision taken by governing body of the first respondent in its 22nd governing body meeting held on 19.10.2022 and to re-engage the petitioner in the post of multi purpose workers by considering their long tenure in service and pass orders 2/5
3. The facts of the case is that the petitioners earlier worked in the first respondent Institute from 2011 to 2018 and they were deployed by a outsourcing agency. Thereafter, due to administrative reasons the second respondent disengaged the petitioners from service. The sum and substance of the case is that the first respondent institute in its 22nd Governing Body meeting held on 19.10.2022 seems to have decided to increase the strength of the workers. The grievance of the petitioners is that they have rendered nearly 7 years of services and they can be considered for re-engagement in the available vacancies. Due to which the petitioners gave representation to the respondents on 11.11.2024. However, there was no progress till date. Hence, this petition.
4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider petitioners representation and pass orders.
5. The learned Government Advocate appearing for the respondents submits that they will consider the case of the petitioner on merits and in accordance with law.
3/5
6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioners, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 11.11.2024 after conducting an enquiry by affording reasonable opportunity of hearing to the petitioner and pass 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.
7. With the above observations this writ petition stands disposed of. No order as to costs.
05.12.2024 Index:Yes/No Speaking order/Non-speaking order smn To.
1. Indira Gandhi medical College and Research Institute Vazhudavoor Road, Puducherry - 605 009.
2. The Director, Indira Gandhi Medical College & Research Institute I Floor, College Block, Vazhudavour Road.
Kadirkamam, Puducherry - 605 009 4/5
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.36972 of 2024 05.12.2024 1/2 5/5