Ms.A.Amala Ezhil v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 13.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)Nos.1279 and 1280 of 2016 and C.M.P.(MD)No.8696 of 2016 T.Umamaheswari ... Appellant in W.A.(MD)No.1279 of 2016 V.Umayaparvathi ... Appellant in W.A.(MD)No.1280 of 2016 Vs.
1. The Madurai Kamaraj University, Represented by the Registrar, Madurai.
2 .The Director, Directorate of Distance Education, Madurai - 625 021.
... Respondents in W.P.(MD)Nos.1279 and 1280 of 2016 PRAYER IN W.A.(MD)Nos.1279 and 1280 of 2016: Writ Appeal is filed under Clause 15 of the Letters Patent, to set aside the order dated 26.09.2013 passed by the Learned Judge in W.P.(MD)Nos.15834 and 15835 of 2013 on the file of this Court.
Prayer in WP(MD). 15834/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the Respondents to retain the service of the petitioner in the post of Lecturer (Temporary) in Tamil on consolidated pay in the Directorate of Distance Education wtih the Respondent Madurai Kamaraj University and consequently to consider the petitioner for absorption in the post of Assistant Professor in Tamil within the time stipulated by this Honourable Court. Prayer in WP(MD). 15835/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the Respondents to retain the service of the petitioner in the post of Lecturer (Temporary) in Computer Science
on consolidated pay in the Directorate of Distance Education wtih the Respondent Madurai Kamaraj University and consequently to consider the petitioner for absorption in the post of Assistant Professor in Computer Science within the time stipulated by this Honourable Court.
For Petitioner : Mr.T.Lajapathiroy For Respondent No.1 : Mr.Isaac Mohanlal Senior Counsel For M/s.Isaac Chambers (In both W.P.s)
ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J) The unsuccessful writ petitioners are on appeal, challenging the dismissal order dated 26.09.2013 made in W.P.(MD)Nos.15834 and 15835 of 2013.
2.The appellants herein were working as Lecturers on temporary basis in the first respondent University. They were working on consolidated pay. They sought retention of service and wanted absorption on permanent basis. The writ petitions were dismissed. Hence, this intra Court appeal has been filed. 3.We are of the view that the first respondent University will have to necessarily follow the relevant recruitment norms laid down in its Statutes. There cannot be any back door appointment. The learned Judge rightly dismissed the writ petitions on the ground that working in any post on temporary basis cannot give rise to claim for absorption. The relief sought for by the appellants was rightly declined. We confirm the order passed by the learned Single Judge. These writ appeals stand dismissed. No Costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To
1. The Registrar, Madurai.
2. The Director, Directorate of Distance Education, Madurai - 625 021.
MRN/GSP AE/KP/SAR4/02.11.2017/3P/3C Order made in W.A.(MD)Nos.1279 and 1280 of 2016 13.09.2017