Madras High CourtWP(MD)/5177/2017disposed of

R.Vijayakumar, v. The Tamil Nadu Open University

2019-03-18Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.5177 of 2017 and W.M.P.(MD)No.4176 of 2017 R.Vijayakumar ... Petitioner vs.

1.The Tamil Nadu Open University, represented by its Registrar, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-15.

2.The Deputy Director, Students Support Services Division, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-15.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent No.1 to absorb the petitioner in the post of System Analyst or System Administrator in the Respondent No.1 University or in the alternative to accommodate the petitioner in an equivalent job befitting his qualification with all consequential benefits within the time frame stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : No Appearance

ORDER

The Writ Petition is filed seeking a direction to the respondent No.1 to absorb the petitioner in the post of System Analyst or System Administrator in the Respondent No.1 University or in the alternative to accommodate the petitioner in an equivalent job befitting his qualification with all consequential benefits within the time frame as stipulated by this Court. 2.There is no representation on behalf of the respondents. Heard the learned Counsel appearing for the petitioner and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

3. The case of the petitioner is that he was appointed as System Analyst in the zonal centre of Tamil Nadu Open University on temporary basis by proceedings of the first respondent dated 17.03.2014. Thereafter, the petitioner was redesignated as System Administrator vide proceedings of the first respondent dated 30.05.2016. In these circumstances, the services of the petitioner's juniors had been regularized. Thereafter, the petitioner was not provided any work, without giving any termination order. Hence, the petitioner made a representation on 30.01.2017 to the first respondent to provide employment. Finding no response on the said representation, the petitioner is before this Court.

4. Considering the nature of the prayer as sought for by the petitioner, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 30.01.2017 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

5. The Writ Petition stands disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) / True Copy / Sub Assistant Registrar(CS) ssl To 1.The Registrar, Tamil Nadu Open University, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-15.

2.The Deputy Director, Students Support Services Division, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-15.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-55247[F] dated 20/03/2019 ) W.P(MD)No.5177 of 2017 18.03.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/SP/24.04.2019/2P/4C