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Madras High CourtWP/26885/2018disposed of

S.Kennedy v. The State Of Tamil Nadu

2018-10-11Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No. 26885 of 2018 S.Kennedy ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Secretary to Government, Tourism, Culture and Religious Endowments Department, Secretariat, Chennai - 9.

2. The Commissioner of Art & Culture, Directorate of Art and Culture, Halls Road, Egmore, Chennai - 8.

3. The Principal, Government College of Architecture and Sculpture, Mamallapuram, Kancheepuram District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the Respondents to consider the claims of the petitioner and pass orders to regularize the petitioner's service in the post of Lecturer w.e.f. 27.11.2000 with all consequential benefits based on the G.O.Ms.No.78, Tourism Culture and Religious Endowments (C1-1) Department, dated 13.04.2018.

For Petitioner : Mr. G.Elanchezhiyan For Respondents : Mrs. R.Janaki, Additional Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come up with this writ petition seeking a direction to the respondents to consider his claim and to regularize his service in the post of Lecturer w.e.f. 27.11.2000 with all consequential benefits based on the G.O.Ms.No.78, Tourism Culture and Religious Endowments (C1-1) Department, dated 13.04.2018.

3.According to the learned counsel for the petitioner, relying the said G.O., the petitioner has submitted a representation dated 16.06.2017 to consider his claim for regularisation, but, the same is yet to be disposed of by the respondents. However, the learned counsel submitted that it would suffice, if the said representation made by the petitioner is directed to be considered by the respondents, on merits. 4.Mrs.R.Janaki, learned Additional Government Pleader taking notice for the respondents, submitted that the respondents be directed to consider the petitioner's representation and pass orders in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the petitioner's representation dated 16.06.2017 in the light of the G.O. Ms. No.78, Tourism Culture and Religious Endowments (C1-1) Department, dated 13.04.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. No costs.

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

1. The State of Tamil Nadu, represented by its Secretary to Government, Tourism, Culture and Religious Endowments Department, Secretariat, Chennai - 9.

2. The Commissioner of Art & Culture, Directorate of Art and Culture, Halls Road, Egmore, Chennai - 8.

3. The Principal, Government College of Architecture and Sculpture, Mamallapuram, Kancheepuram District.

+1cc to Mr.G.Elanchezhiyan, Advocate S.R.No.70911 +1cc to the Government Pleader, S.R.No.71521 KR/26/10/18 W.P.No.26885 of 2018