Madras High CourtWP(MD)/7916/2019dismissed

Dr.K. Mathivanan, v. The Union Of India,

2025-01-09Honourable Mr Justice B.Pugalendhi8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD) Nos.7916, 9635 & 11746 of 2019 and WMP(MD) Nos.6260, 8899, 8900, 7568,7569 of 2019 WP(MD) No.7916 of 2019:- Dr.K. Mathivanan ... Petitioner Vs 1.The Union of India, Rep. by its Secretary, Ministry of Human Resource Development, Sasthri Bavan, New Delhi-110001.

2.The Director, National Institute of Technology-Trichy, Trichy-15.

3.The Chief Warden, National Institute of Technology-Trichy, Trichy-15.

...Respondents

WP(MD) No.9635 of 2019:- Dr.K. Mathivanan ... Petitioner 1/8

Vs 1.The Union of India, Rep. by its Secretary, Ministry of Human Resource Development, Sasthri Bavan, New Delhi-110001.

2.The Director, National Institute of Technology-Trichy, Trichy-15.

3.The Registrar, National Institute of Technology-Trichy, Trichy-15.

...Respondents

WP(MD) No.11746 of 2019:- Dr.K. Mathivanan ... Petitioner Vs 1.The Union of India, Rep. by its Secretary, Ministry of Human Resource Development, Sasthri Bavan, New Delhi-110001.

2.The Director, National Institute of Technology-Trichy, Trichy-15.

3.The Registrar, National Institute of Technology-Trichy, Trichy-15.

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4.The Chief Warden, National Institute of Technology -Trichy, Trichy - 620 015.

...Respondents

PRAYER in WP(MD) No.7916 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent authority to regularize the petitioner's service in the cadre of Deputy Registrar- Hostels, National Institute of Technology, Trichy, with effect from 02.05.2017 and consequently directing them to pay all attendant benefits and thus render justice.

PRAYER in WP(MD) No.9635 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the orders passed in office order No.003/2019-20 in NITT/ESTT/UnitII/2019-20/002, dated 01.04.2019, by the third respondent at the behest of the second respondent and quash the same. PRAYER in WP(MD) No.11746 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the order, dated 01.05.2019 of the fourth respondent and quash the same. 3/8

For Petitioner : No appearance For R1 : Mr.M.Karthikeya Venkitachalapathy Central Government Standing Counsel For R2 & R3 : Mr.Sri Balaji (In WP(MD) No.7916 of 2019) For Petitioner : No appearance For R1 : Mr.R.Senthil Kumar Central Government Standing Counsel For R2 & R3 : Mr.Sri Balaji (In WP(MD) No.9635 of 2019) For Petitioner : No appearance For R1 : Mr.V.Malaiyendran Central Government Standing Counsel For R2 to R4 : Mr.Sri Balaji (In WP(MD) No.11746 of 2019) C O M M O N O R D E R The petitioner is an ex-serviceman and he was appointed as a Deputy Registrar by the National Institute of Technology, Trichy on 28.04.2017 for the administration of its Hostels, on contract basis, for a period of one year from the date of his joining. Seeking regularization of his service, the petitioner has filed WP(MD) No. 7916 of 2019.

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2.WP(MD) No.9635 of 2019 was filed by the same petitioner, challenging the order passed by the Registrar, National Institute of Technology, Trichy, dated 01.04.2019, in and by which, one A.Sivarajan, Assistant Registrar(Acaemic) was given additional in charge of Hostel Administration, which is the post held by the petitioner herein.

3.WP(MD) No.11746 of 2019 was also filed by the same petitioner, challenging the relieving order passed by the Chief Warden, National Institute of Technology -Trichy, dated 01.05.2019, relieving the petitioner from his duty with effect from 01.05.2019.

4. Since all these writ petitions are filed by the same petitioner and the issue involved in these writ petitions are interlinked, these writ petitions are taken up for for disposal by this common order.

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5.On 07.01.2025, when these writ petitions are taken up for hearing, there is no representation for the petitioner and therefore, this Court directed the Registry to list these writ petitions today, under the caption ''for dismissal''. Even today, there is no representation for the petitioner.

6.The learned Central Government Standing Counsel and the learned counsel appearing for the Secretary, Ministry of Human Resource Development and the National Institute of Technology-Trichy respectively submit that the appointment of the petitioner itself is on contract basis and therefore, these writ petitions are not maintainable.

7. Considering the aforesaid submission and also considering the fact that the petitioner's appointment as a Deputy Registrar in National Institute of Technology, Trichy on 28.04.2017 for the purpose of the administration of its Hostels is on contract 6/8

basis only for a period of one year and considering the conduct of this petitioner in not prosecuting these writ petitions, which were filed in the year 2019, these writ petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 09.01.2025 NCC:Yes/No Index:Yes vrn To 1.The Secretary, Union of India, Ministry of Human Resource Development, Sasthri Bavan, New Delhi-110001.

2.The Director, National Institute of Technology-Trichy, Trichy-15.

3.The Registrar, National Institute of Technology-Trichy, Trichy-15.

4.The Chief Warden, National Institute of Technology -Trichy, Trichy - 620 015.

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B.PUGALENDHI, J.

vrn Common Order made in WP(MD) Nos.7916, 9635 & 11746 of 2019 and WMP(MD) Nos.6260, 8899, 8900, 7568,7569 of 2019 09.01.2025 8/8