Prabhu T v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.9463 of 2024 1.T.Prabhu 2.N.Balamurugan 3.R.Muthukumar 4.S.Mariammal 5.M.Veerapandi 6.P.Dhavaselvi 7.D.Rajbabu 8.R.Mariyammal ... Petitioners Vs.
1.State of Tamil Nadu, Rep by its Principal Secretary to the Government, Higher Education Department, Fort St.George, Chennai - 9.
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2.The Syndicate Committee, Madurai Kamaraj University, Represented by its Convenor, Palkalai Nagar, Madurai - 21.
3.Madurai Kamaraj University, Represented by its Vice Chancellor, Palkalai Nagar, Madurai - 21.
4.Madurai Kamaraj University, Represented by its Registrar, Palkalai Nagar, Madurai - 21.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration to declare the decision of the 2nd Respondent in removing the Petitioner from the post of Clerk (CLR) on the last come first go basis as illegal and consequently for a direction, directing the Respondent No.4 to 2/8
reinstate the Petitioners in the post of Clerk/(CLR) in the 4th Respondent University.
For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.T.Amjadkhan - for R1 Government Advocate Mr.T.Cibi Chakraborthi -for R2 to R4 Standing Counsel
ORDER
The petitioner has filed this Writ Petition seeking a Writ of Declaration to declare the decision of the 2nd Respondent in removing the Petitioner from the post of Clerk (CLR) on the last come first go basis as illegal and consequently for a direction, directing the Respondent No.4 to reinstate the Petitioners in the post of Clerk/(CLR) in the 4th Respondent University. 3/8
2. Heard Mr.T.Aswin Raja Simman, learned counsel for the petitioner and Mr.T.Amjadkhan, learned Government Advocate for the first respondent and Mr.T.Cibi Chakraborthi, learned standing counsel for the respondents 2 to 4.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. Earlier, some other persons, similarly placed persons have filed a batch of Writ Petitions in W.P.(MD)No.6179 of 2023 etc., batch and in which, the following order has been passed : "5. The learned standing counsel clarify that the University will prepare the seniority list of the disengaged employees. In the said seniority list, their dates of original appointment, number of days put in by them as well as the Section or Department in which they were working will be duly reflected. The petitioners will be taken back subject to 4/8
preference and priority to the seniors among them as and when appointments are made in temporary or consolidated capacity in the vacancies in the respective department. The exercise of preparation of seniority list will be completed within a period of eight weeks from the date of receipt of a copy of this order and copy of the same will be served on the learned counsel for the petitioners."
5. The learned Standing counsel for the respondents 2 to 4 submitted that in compliance with the earlier order, a seniority list has been prepared and in which, all the petitioners name has been duly included.
6. In such case, the petitioners shall not have any grievance and the writ petition itself has filed on a wrong notion that the petitioners' name has also not been included in the seniority list so prepared.
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7. By recording the said submission of the learned counsel for the respondents 2 to 4, in respect of the preparation of the list as directed by this Court and also by including the names of the petitioners in the seniority list, nothing remains for further consideration.
8. Accordingly, this Writ Petition is closed. No costs. 17.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 6/8
To 1.State of Tamil Nadu, Rep by its Principal Secretary to the Government, Higher Education Department, Fort St.George, Chennai - 9.
2.The Syndicate Committee, Madurai Kamaraj University, Represented by its Convenor, Palkalai Nagar, Madurai - 21.
3.Madurai Kamaraj University, Represented by its Vice Chancellor, Palkalai Nagar, Madurai - 21.
4.Madurai Kamaraj University, Represented by its Registrar, Palkalai Nagar, Madurai - 21 7/8
R.N.MANJULA , J.
RM Order made in W.P.(MD)No.9463 of 2024 (2/2) Dated:
17.04.2024 8/8