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Madras High CourtWP(MD)/2753/2020disposed of

P.Lenin v. The Secretary

2020-08-03Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.2753 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.2753 of 2020 P.Lenin ... Petitioner Vs.

1.The Secretary, University Grants Commission, Bhadhur Shah Zafar Marg, New Delhi - 110 002. 2.The Registrar, Tamil University, Thanjavur - 613 010.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 09.01.2020 and disburse the fellowship amount to the petitioner for which he is eligible as per the communications dated 18.07.2016, 15.03.2017, 19.01.2018 and 29.03.2019 between the first and second respondents within the time stipulated by this Court. For Petitioner : Mr.R.Narayanan For R - 1 : Mr.V.Maharajan (No appearance) For R - 2 : Mr.K.Prabhu for M/s.Isaac Chambers

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 09.01.2020 and disburse the fellowship amount to the petitioner for which he is eligible as per the communications dated 18.07.2016, 15.03.2017, 19.01.2018 and 29.03.2019 by the first and second respondents within the time stipulated by this Court.

2.According to the petitioner, he was a Ph.D Research Scholar and his research period was funded by University Grants Commission's Junior Research Fellow (UGC-JRF) grants. Further, the Tamil University has to pay a sum of Rs.36,00,000/- towards of stipend amount for the total Ph.D students in Tamil University and out of the said amount, he is entitled to receive about Rs.2,00,000/-. Hence, the petitioner submitted a representation dated 09.01.2020 to the respondents to take immediate action to pay his dues at the earliest. As the respondents have not taken any action, the petitioner has filed the present Writ Petition. 3.On an earlier two occasions, the learned Standing Counsel appearing for the first respondent has not appeared before this Court.

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W.P.(MD)No.2753 of 2020 4.The learned counsel appearing for the petitioner submitted that it would suffice for the petitioner, if the representation of the petitioner dated 09.01.2019 is considered by the respondents and appropriate orders passed thereon, for which, the learned counsel appearing for the second respondent has no objection to the consider the petitioner's representation.

5.In view of the above said submissions made by the learned counsel appearing on either side and also considering the limited scope of the prayer sought for by the respondent, this Court directs the first respondent to consider the representation of the petitioner dated 09.01.2019 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 and the petitioner shall send a copy of the representation dated 09.01.2019 along with the copy of the order to the first respondent.

6.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ps Note: In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary, University Grants Commission, Bhadhur Shah Zafar Marg, New Delhi - 110 002. 2.The Registrar, Tamil University, Thanjavur - 613 010.

+1 CC to M/s.ISAAC CHAMBERS, Advocate (SR-13610[F] dated 04/08/2020) Order made in W.P.(MD)No.2753 of 2020 Dated:03.08.2020 SPU (12.08.2020) 3P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2