Madras High CourtWP(MD)/17846/2022disposed of

Murugan.T v. The Secretary To Government,

2022-08-10Honourable Mr Justice M.S. Ramesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.17846 of 2022 T.Murugan ... Petitioner /vs./ 1.The Secretary to Government, Higher Education Department, St.Fort George, Chennai.

2.The Chief Engineer, Technical Education Circle, Sardar Patel Road, Guindy, Chennai.

3.The Commissioner, Directorate of Technical Education, Sardar Patel Road, Guindy, Chennai.

4.The Executive Engineer, Technical Education Division, Tirunelveli.

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5.The Assistant Engineer, Technical Education Section (Electrical), Government College of Engineering Campus, Tirunelveli-7.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to regularize the service of the petitioner on the completion of 10 years of service as per G.O.Ms.No.22 P&AR Department, dated 28.02.2006 within the time frame as stipulated by this Court.

For Petitioner : Mr.R.Ramees Ajmal Khan For Respondents : Mr.S.Shaji Bino Special Government Pleader

ORDER

The grievance of the petitioner is that he has been serving as Electrical Helper NMR from the year 1998 and inspite of several requests, his service has not been regularised.

2.It is seen that when the petitioner's request was earlier rejected, he had filed a writ petition in W.P.(MD)No.13290 of 2018 and by order dated 28.03.2019, his request was directed to be considered. The respondents seems to 2/5

have considered the petitioner's request made in his representations, dated 21.05.2018 and 18.06.2019 and have rejected the same, through their letter (2D)No.23, dated 25.07.2019.

3.When such a request has already been rejected, it would not be appropriate to entertain the prayer seeking for a direction to the respondents to regularize the petitioner's service. However, if the petitioner is granted liberty to challenge the order of rejection, dated 25.07.2019, the ends of justice could be secured.

4.In the light of the above discussions, the petitioner is granted liberty to challenge the letter of the Government letter (2D) No.23, dated 25.07.2019. With this liberty, the Writ Petition stands closed. No costs. 10.08.2022 Index : Yes / No Internet : Yes / No sn/sm 3/5

To:

1.The Secretary to Government, Higher Education Department, St.Fort George, Chennai.

2.The Chief Engineer, Technical Education Circle, Sardar Patel Road, Guindy, Chennai.

3.The Commissioner, Directorate of Technical Education, Sardar Patel Road, Guindy, Chennai.

4.The Executive Engineer, Technical Education Division, Tirunelveli.

5.The Assistant Engineer, Technical Education Section (Electrical), Government College of Engineering Campus, Tirunelveli-7.

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M.S.RAMESH, J.

Sn/Sm Order made in W.P.(MD)No.17846 of 2022 Dated:

10.08.2022 5/5