C.Ebanesar, S/O.Chelliah, v. The Principal Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.1397 of 2019 C.Ebanesar ... Petitioner Vs.
1. The Principal Secretary, Higher Education (F2) Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of College Education, College Road, Nungambakkam, Chennai. 600 006.
3. The Principal, Government Arts and Science College, Melur, Madurai - 625 106.
4. The Principal, Raja Duraisingam Government Arts College, Sivagangai, Sivagangai District - 630 561.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to regularize the petitioner's service during the deemed suspension period from 29.10.2017 to 11.06.2018 and consequently, to direct the respondents to disburse all other service and monetary attended benefits incidental to the above said regularization by considering the petitioner's representation, dated 14.11.2018, within a stipulated period as may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.S.Angappan Government Advocate ***
ORDER
This present writ petition has been filed for a direction to the respondents to regularise the suspension period and to grant all monetary benefits to the petitioner, by considering his representation, dated 14.11.2018.
2.Heard the learned Counsel appearing on both sides and perused the materials on record.
3.The case of the petitioner is that the petitioner was working as an Assistant Professor and due to some civil disputes, a criminal case was registered against the petitioner, based on which, he was suspended from service and thereafter, the suspension order was revoked, pursuant to the order of this Court in W.P.(MD)No.1607 of 2018. For regularising the suspension period and for other monetary benefits, the petitioner made several representations to the second respondent, relying upon G.O.Ms.No. 345, Higher Education (F2) Department, dated 01.12.2017. However, there is no progress on any of the representations given by the petitioner, in this regard. Hence, the present writ petition.
4.The learned Government Advocate appearing for the respondents, on instructions, submitted that the grievance of the petitioner would be considered on merits.
5.Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 14.11.2018, and pass appropriate orders, on merits and in accordance with law and also in the light of G.O.Ms.No.345, Higher Education (F2) Department, dated 01.12.2017, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
6.The writ petition is disposed of, on the above terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To
1. The Principal Secretary, Higher Education (F2) Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of College Education, College Road, Nungambakkam, Chennai. 600 006.
3. The Principal, Government Arts and Science College, Melur, Madurai - 625 106.
4. The Principal, Raja Duraisingam Government Arts College, Sivagangai, Sivagangai District - 630 561.
+1 CC to M/s.R.KARUNANIDHI, Advocate (SR-52782[F] dated 08/03/2019) CMR TE : 02/04/2019 : 3P/6C ORDER MADE IN WP(MD)No.1397 of 2019 08.03.2019