S.Paulraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.17556 of 2024 & W.M.P.(MD)No.15104 of 2024 S.Paulraj ... Petitioner vs.

1.State of Tamil Nadu, Rep. by its Principal Secretary to Government, Department of Disabled Persons Welfare, Secretariat, Chennai.

2.Anna University, Rep. by its Registrar, Guindy, Chennai.

3.The Registrar, Anna University, UCE-BIT Campus, Tiruchirappalli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd and 3rd respondents to regularize the service the petitioner in the post of the Professional Assistant II in the department of Electrical and Electronical Engineering in the 2nd respondent University w.e.f 02.01.2009 or in any other equivalent post commensurating the educational qualification and 1/6

experience of the petitioner with all attendant, service and monetary benefits within the period that may be stipulated by this Court. For Petitioner :

Ms.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents :

Mr.S.Shanmugavel Additional Government Pleader for R1 Mr.John Rajadurai, Standing Counsel for R2 and R3

O R D E R

Heard Ms.H.Jasima Yasmin, learned counsel appearing for the petitioner, Mr.S.Shanmugavel, learned Additional Government Pleader appearing for the first respondent and Mr.John Rajadurai, learned Standing Counsel appearing for the respondents 2 and 3.

2. The petitioner, who is said to be working as a Professional Assistant II (part time employee under NMR category) in the second respondent University has filed this writ petition to direct the respondents 2 and 3 to regularize his service in the post of Professional Assistant II in the Department of Electrical and Electronical Engineering in the second 2/6

respondent University with effect from 02.01.2009 or in any other equivalent post commensurating his educational qualification and experience with all attendant, service and monetary benefits within a stipulated time.

3. Ms.H.Jasima Yasmin, learned counsel appearing for the petitioner attracted the attention of this Court to the Government Order in G.O.Ms.No.151, Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008, wherein it is stated that if differently abled person is working in any of the Government Offices with consolidated pay for more than two years, then he has to be give time scale of pay. The Government Order also states to regularize the service of such an employee. It is her submission that the the petitioner who has got locomotor disability is entitled to get the benefit of the above said Government Order. The petitioner has also given various representations to the second respondent in this regard including the representation dated 27.03.2024. Since the representations have not been considered, the petitioner has come up with this writ petition. 3/6

4. Since the representation of petitioner has not been considered by the second respondent, I feel that the second respondent shall be directed to consider the representation of the petitioner and pass orders within a stipulated time.

5. In view of above, the writ petition is disposed of and the second respondent University is directed to consider the representation of the petitioner dated 27.03.2024 in the light of the Government Order in G.O.Ms.No.151, Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. 30.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 4/6

To 1.The Principal Secretary to Government, Department of Disabled Persons Welfare, Secretariat, Chennai.

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R.N.MANJULA, J.

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