A.Chandrasekar v. The Vice Chancellor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.2967 of 2023 A.Chandrasekar ... Petitioner Vs.

1.The Vice Chancellor, Madurai Kamarajar University, Madurai-625 021.

2.The Registrar, Madurai Kamarajar University, Madurai-625 021.

3.The Public Relation Officer, Madurai Kamarajar University, Madurai-625 021.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to 1/6

restore the service of the petitioner in the third respondent with all arrears of salary from 08.04.2022 and consequently regularise the petitioner in service as per the Syndicate Resolution of the respondent University dated 20.12.1985 for completion of 10 years continuous service from 1995.

For Petitioner : Mr. K.Appadurai For Respondents : Mr.T.Cibi Chakraborthy

O R D E R

This writ petition has been filed for issuance of a writ of Mandmaus, directing the respondents to restore the service of the petitioner in the third respondent with all arrears of salary from 08.04.2022 and consequently regularise his service, as per the Syndicate Resolution of the respondent University dated 20.12.1985 for completion of 10 years continuous service from 1995.

2. The case of the petitioner is that he entered into service in the respondent University (Biological Department) as Driver / Lab Assistant in the year 1997, on consolidated pay of Rs.10,000/- and rendered 10 2/6

years of service. Thereafter, a housing quarters was allotted to the petitioner by proceedings of the second respondent dated 02.07.2009. The Syndicate of the respondent University in its Syndicate Meeting resolved on 20.12.1985 that all Technicians and Lab Assistant working in various temporary research schemes / projects, who have put in more than 10 years of service, be placed in regular pay scales. The petitioner has completed more than 25 years of service and requested for regularisation of service from 2016 onwards. However, all of a sudden, without issuing any notice, the petitioner was orally terminated from service. Hence, the petitioner has made several representations to the first respondent on 11.07.2022, 10.09.2022, 15.09.2022 and 30.01.2023 respectively to restore his service. Since the said representation has not been considered, the petitioner has filed the present writ petition.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the second respondent to consider the petitioner's representation dated 30.01.2023 and pass appropriate orders, within a reasonable time as fixed by this Court. 3/6

4. Heard the learned counsel for the petitioner and learned counsel appearing for the respondents.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation dated 30.01.2023 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 16.02.2023 akv 4/6

To 1.The Vice Chancellor, Madurai Kamarajar University, Madurai-625 021.

2.The Registrar, Madurai Kamarajar University, Madurai-625 021.

3.The Public Relation Officer, Madurai Kamarajar University, Madurai-625 021.

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M.DHANDAPANI,J.

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