Madras High CourtWP(MD)/11269/2016disposed of

S.Karthick (Emp.No.5186) v. The Registrar

2016-06-24Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2016 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.11269 of 2016 and W.M.P(MD)No.8628 of 2016 S.Karthick ..Petitioner Vs.

1.The Registrar, Madurai Kamaraj University, Madurai - 21.

2.The Principal Secretary, Higher Education Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai.

..Respondents Prayer : Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents for declaration of the petitioner's probation as per Rule 27(b) and sanction second increment to the petitioner in the post of Clerk as per Rule 23A of Rules of Tamil Nadu State and Subordinate Service Rules.

For Petitioner : Mr.S.C.Herold Singh For R - 1 : Mr.Mahesh Kumaravel For R - 2 : Mr.T.R.Janarthanam Additional Government Pleader

ORDER

The petitioner has come to this Court seeking a Writ of Mandamus, directing the respondents for declaration of the petitioner's probation as per Rule 27(b) and sanction second increment to the petitioner in the post of Clerk as per Rule 23A of Rules of Tamil Nadu State and Subordinate Service Rules.

2. Heard the learned counsel for the petitioner. Mr.Mahesh Kumaravel, learned counsel takes notice for the first respondent and Mr.T.R.Janarthanam, learned Additional Government Pleader takes notice for the second respondent.

3. The petitioner, namely S.Karthick, was appointed as a Clerk in the Madurai Kamaraj University on compassionate ground. Initially, the petitioner was placed under probation and continuation of service of the petitioner in the post of Clerk would be decided based on the genuineness of Certificates and also his performance.

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4. The petitioner was appointed on 11.07.2013 and even after completion of the probation period, the first respondent-Madurai Kamaraj University has not come forward to declare the probation period of the petitioner and hence, he is before this Court.

5. When the matter was taken up today, Mr.Mahesh Kumaravel, learned counsel appearing for the first respondent would submit that if two months time is granted, the case of the petitioner would be properly considered on merits.

6. Accordingly, the first respondent is directed to pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

7. With the above observation, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Registrar, Madurai Kamaraj University, Madurai - 21.

2.The Principal Secretary, Higher Education Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai.

+1cc to M/s.R.M.Maheshkumaravel, Advocate in SR.33328 +1cc to the Special Government Pleader, in SR.33103 +1cc to M/s.S.C.Herold Singh, Advocate in SR.33161 W.P(MD)No.11269 of 2016 and W.M.P(MD)No.8628 of 2016 24.06.2016 ps PBK/SK-SKN 04/07/2016 ::2P-6C::

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