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Madras High CourtWP(MD)/20143/2018disposed of

Subramanian v. The Registrar,

2018-09-20Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.20143 of 2018 Subramanian ... Petitioner Vs.

1. The Registrar, Madurai Kamaraj University, Madurai.

2. The Vice Chancellor, Madurai Kamaraj University, Madurai.

3. The Director of Local Fund Audit, Kuralagam, Ivth Floor, Chennai-18.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the back wages of the regularised services of the petitioner from the period of suspension i.e., from 27.08.1990 till retirement by considering the petitioner's representation dated 20.07.2018. For Petitioner : Mr.S.M.A.Jinnah For R1 : Mr.T.Cibichakraborthy for M/S Issac Chambers For R3 : Mr.R.Sethuraman Special Government Pleader

O R D E R

This Writ Petition has been filed to direct the respondents to pay the back wages of the regularised services of the petitioner from the period of suspension i.e., from 27.08.1990 till retirement by considering the petitioner's representation dated 20.07.2018. 2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that this Court on 26.11.2008 passed an order made in W.P.(MD)No.10382 of 2007 granting the relief to the petitioners therein, who were similarly placed as the petitioner herein.

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3.The respondents have no objection to consider the request of the petitioner and also no objection to provide all the requirements, which was granted to the similarly placed persons like petitioner herein, in W.P.(MD)No.10382 of 2007. 4.In the light of the order passed by this Court in W.P.(MD) No.10382 of 2007, dated 26.11.2008, this Writ Petition is disposed of with a direction to the respondents to regularise the service of the petitioner for the period during which he was under suspension and pay him the back wages for the said period as per the Resolution of the University dated 08.04.2004, within a period of two months from the date of receipt of a copy of this order. However, it is made clear that the petitioner shall not be entitled for back wages for the period during which he was under order of dismissal. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-II) To The Director of Local Fund Audit, Kuralagam, Ivth Floor, Chennai-18.

+ 1 CC TO Mr.S.M.A.JINNAH, ADVOCATE IN SR No. 86153 + 1 CC TO M/s.ISAAC CHAMBERS, IN SR No. 86328 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 86225 GNS TE/RSK/SAR-2 : 27/11/2018 : 2P/5C W.P.(MD)No.20143 of 2018 20.09.2018 https://hcservices.ecourts.gov.in/hcservices/