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Madras High CourtWP(MD)/5977/2025disposed of

M.Valli v. The Principal Secretary

2025-03-26Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND M.Valli ... Petitioner Vs.

1.The Principal Secretary, Government of Tamil Nadu, Higher Education Department, Secretariat, Chennai 600 009.

2.The Vice Chancellor, Madurai Kamaraj University, Palkalai Nagar, Madurai 625 021.

3.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai 625 021.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to regularize the petitioner's service that she rendered in the second respondent's university from 1997 to 2019 and pay her pensionary benefits by considering the representation, dated 11.11.2024.

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For Petitioner : Mr.T.Lenin Kumar For R1 : Mr.S.Vinoth Government Advocate For R2 & Fr3 : Mr.T.Cibi Chakraboorthy Standing Counsel

O R D E R

This writ petition has been filed seeking a writ of Mandamus, directing the respondents 2 and 3 to regularize the petitioner's service that she rendered in the second respondent university from 1997 to 2019 and pay her pensionary benefits by considering the representation, dated 11.11.2024.

2. The case of the petitioner is that the she was appointed as causal labourer (Scavenger) on temporary basis on consolidated pay in the hospital as being run under the Madurai Kamaraj University. In the year 1999, the third respondent vide his proceedings, dated 18.06.1999 paid the increased consolidated pay of Rs.1,200/- per month from 01.04.1999 to 21.06.2001. Thereafter, it is increased to Rs.1,500/- per month from 21.06.2001 to 31.03.2009. Subsequently, it is increased to Rs.4,000/- per month from 01.04.2009 to the year 2012. Since then she was being paid a sum of Rs.5,500/- 2/6

per month till 30.08.2019. On 30.08.2019, the petitioner retired from service after rendering 22 years of service in the second respondent university. Even though she rendered 22 years of uninterrupted continuous service, the respondents 2 and 3 did not regularize the service of the petitioner. In fact, on 06.09.2005, she sent a representation to the respondents 2 and 3 requesting them to regularize her service. But they did not take steps on the representation. Thereafter, on 25.05.2019, she sent another representation seeking to regularize her service. But there was no action. Ultimately on 11.11.2014, the petitioner sent a representation to the respondents to regularize her service from the year 1997 to 2019 and also to pay pensionary benefits. Thereafter also there was no response from them. Aggrieved by the inaction of the respondents in considering her request, this writ petition is filed.

3. Inspite of granting time, the learned counsel for the respondents did not file counter affidavit.

4. Considering the facts and circumstances of the case and considering the request made by the petitioner in her representation, dated 11.11.2024, in the considered opinion of this Court, it is appropriate and reasonable to dispose of this writ petition with a direction to the respondents 2 and 3 to consider the 3/6

representation of the petitioner, dated 11.11.2024 and pass appropriate orders by following due process of law within a time to be stipulated herein to meet the ends of justice.

5. Accordingly, this writ petition is disposed of with a direction to the respondents 2 and 3 to consider the representation, dated 11.11.2024 submitted by the petitioner and pass appropriate orders by following due process of law within a period of two weeks from the date of receipt of a copy of this order. 26.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 4/6

To:

1.The Principal Secretary, Government of Tamil Nadu, Higher Education Department, Secretariat, Chennai 600 009.

2.The Vice Chancellor, Madurai Kamaraj University, Palkalai Nagar, Madurai 625 021.

3.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai 625 021.

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BATTU DEVANAND , J.

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