R.Gunasundari v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024
CORAM
THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P(MD)Nos.14241 and 14243 of 2020 and W.M.P.(MD)Nos.11896 & 11899 of 2020 Dr.R.Gunasundari Guest Lecturer in Tamil, Navalur Kuttapattu, Trichy District.
... Petitioner in W.P.(MD)No.14241/2020 S.Josephine, Guest Lecturer in Computer Science, Navalur Kuttapattu, Trichy District.
... Petitioner in W.P.(MD)No.14243/2020 Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Fort St. George,Chennai.
2.The Director of Collegiate Education, Chennai-6.
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3.The Registrar, Bharathidasan University, Tiruchirappalli-620 024.
4.The Principal, Navalur Kuttapattu, Trichy District.
... Respondents in both W.Ps.
COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, forbearing the respondents from in any way disturbing the services of the petitioners as Guest Lecturer in Tamil and Guest Lecturer in Computer Science respectively at Bharathidasan University Constituent College, Navalur Kuttapattu, Trichy District and consequently to direct the respondents to regularize the services of the petitioners along with all other monetary benefits with effect from the date of appointment within the period that may be stipulated by this Court. For Petitioners :
Mr.H.Mohammed Imran (In both W.Ps) for M/s.Ajmal Associates For Respondents :
Mr.V.Om Prakash, (In both W.Ps) Govt. Advocate for R1 & R2 Mr.V.R.Shanmuganathan for R3 & R4 COMMON ORDER These Writ Petitions have been filed by the petitioners, who claim to have been working as Guest Lecturers for about 15 years, seeking a 2/6
direction to the respondents to regularize the services of the petitioners and to pay all other monetary benefits from the date of appointment.
2. The learned counsel for the petitioners also advanced arguments by placing reliance on a decision of learned Single Judge of this Court in W.P. (MD)No.7755 of 2014, dated 12.12.2023, wherein a direction was issued to the respondents to consider the representation said to have been submitted by the petitioners therein. The learned counsel for the petitioners after having argued the matter for some time, sought liberty to submit a representation before the respondents by duly making a claim for regularization as well as for payment of enhanced honorarium in terms of the latest instructions issued by the University Grants Commission.
3. In view of the same, this Court is not inclined to go into the merits of the case. Accordingly, these Writ Petitions are disposed of permitting the petitioners to make a representation before the respondents by duly making a claim as may be advised including for payment of enhanced honorarium in terms of the latest instructions issued by the University Grants Commission within a period of four weeks from the date of receipt of a copy of this 3/6
order. In case, if the petitioner make such representations, the same shall be considered by the respondents in accordance with law and pass appropriate orders thereon within a further period of two months. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
19.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes /No vsm 4/6
To 1.The Principal Secretary to Government, State of Tamil Nadu, Higher Education Department, Fort St. George,Chennai.
2.The Director of Collegiate Education, Chennai-6.
3.The Registrar, Bharathidasan University, Tiruchirappalli-620 024.
4.The Principal, Navalur Kuttapattu, Trichy District.
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MUMMINENI SUDHEER KUMAR, J.
vsm W.P(MD)Nos.14241 and 14243 of 2020 19.02.2024 6/6