Nagendran.R v. The Madurai Kamaraj University
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI In W.P(MD)No.4732 of 2024 R.Nagendran ... Petitioner Vs
1. The Madurai Kamaraj University, Rep. by its Registrar, University Campus, Madurai-625 021.
2. The Principal, Madurai Kamaraj University College, University Campus, Madurai-625 021.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation, dated 17.02.2024 and pass appropriate orders to regularize his service as in the post of S/W/G in one of the 8 available permanent vacancy in 2nd respondent University with effect from completion of his 10 years service without break i.e., from 29.12.2010 with all consequential monetary and service benefits, within a stipulated time as fixed by this Court. 1/5
For Petitioner : Mr. D.Nallathambi For Respondents : Mr.T.Sakthikumaran Standing Counsel COMMON ORDER All these writ petitions have been filed to regularize the service of the petitioners on completion of their 10 years service without break with all consequential monetary and service benefits, within the time stipulated by this Court.
2.Similar matter came to be dealt with by this Court in W.P(MD)No.18974 of 2022, dated 04.01.2024, in which, similar cases of CPCLR was considered and favourable order was passed in favour of the consolidated employee/petitioner therein. In these cases also, the petitioners made representations to regularize their service in the available permanent vacancy in respondent University, on completion of their 10 years service without break with all consequential monetary and service benefits. For the sake of convenience, the details of the service rendered by the writ petitioners is tabulated as follows.
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Date on completion of 10 years Service period as on today Sl.No Writ Petition Number Name of the writ petitioner Date of entry into service W.P.(MD)4732/2024 R.Nagendran 29.12.2000 29.12.2010 23.2 W.P.(MD)4733/2024 S.Balamurugan 01.09.2007 01.09.2017 16.5 W.P.(MD)4734/2024 V.Murugan 01.09.2007 01.09.2017 16.5 W.P.(MD)4735/2024 S.Kaliammal 01.09.2007 01.09.2017 16.5 W.P.(MD)4736/2024 R.Manikandan 01.09.2007 01.09.2017 16.5 W.P.(MD)3354/2024 C.Hari 12.09.2009 13.09.2019 14.5 However, the representations of the petitioners were not acted upon till date. Hence, these writ petitions came to be filed. 3.
It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct the respondents to consider the same within a stipulated time.
4.Considering the limited scope of the relief sought for by the petitioners, without going into the merits of the case, this Court hereby direct the first respondent to consider the representations of the petitioners and pass appropriate orders, in accordance with law, within a period of twelve (12) weeks, from the date of receipt of a copy of this order. 5.With the above direction, these writ petitions stand disposed of. No costs.
29.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 4/5
L.VICTORIA GOWRI, J.
PNM COMMON ORDER IN 29.02.2024 5/5