V. Duraisamy v. The Vice Chancellor,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.03.2016
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)Nos.5055 to 5057 of 2016 V.Duraisamy ... Petitioner in W.P(MD)No.5055 of 2016 A.Parvathynathan ... Petitioner in W.P(MD)No.5056 of 2016 M.Periyakaruppan ... Petitioner in W.P(MD)No.5057 of 2016 Vs.
1.The Vice Chancellor, The Gandhigram Rural Institute, Deemed University, Gandhigram, Dindigul District.
2.The Registrar, The Gandhigram Rural Institute, Deemed University, Gandhigram, Dindigul District. ... Respondents in all W.Ps. Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and pass appropriate orders on the representation of the petitioner, dated 10.03.2015 requesting to absorb the petitioner by regularizing his service by appointing permanently in the respective Post held in the respondents University with continuity of service and all monetary benefits. (In All W.Ps) For Petitioner : Mr.C.M.Ganesan COMMON ORDER The Writ Petitions are filed for a Mandamus directing the respondents to consider and pass appropriate orders on the representation of the petitioners, dated 10.03.2015 requesting to absorb the petitioners by regularizing their services by appointing them permanently in the respective Posts held in the respondents University with continuity of service and all monetary benefits.
2. The petitioners, who were appointed by the second respondent on contract basis as Lower Division Clerk as well as Lab Attender. The petitioners had also joined as Lower Division Clerk as well as Lab Attender . The petitioners were appointed on https://hcservices.ecourts.gov.in/hcservices/
consolidated pay and they have been drawing salary from Canara Bank, Gandhigram Rural University extension counter, Dindigul. Though their services were temporary, the same had been periodically extended by the respondent respondents. On 11.08.2006, the Department without any notice, relieved the petitioners from the Post of Lower Division Clerk as well as Lab Attender with effect from 11.08.2006.
Immediately, on 02.02.2007, a representation was sent by the petitioners to the second respondent requesting him to regularize their services on permanent basis with all monetary benefits.
3. In paragraph No.7 of the affidavit filed in support of this Writ Petitions, it is stated that between the period from 2006 and 2010, the petitioners were employed by the respondent University in various Departments. But, there is no scrap of paper to show the same. The petitioners had made only a representation in the year 2012 and 2015 requesting the second respondent to regularise their services. Admittedly, the petitioners were out of service even on temporary basis from the year 2006. While so, the petitioners are seeking a direction to consider and pass appropriate orders on their representation, dated 10.03.2015 requesting to absorb the petitioners by regularizing their services by appointing them permanently in their respective Posts and the same is belated and also unacceptable.
There is no reason averred in the affidavit as to what the petitioners have been doing between the period 2006 and 2016. Even without working on temporary basis with the second respondent university, the question of regularization, does not arise. Therefore, the Writ Petitions are dismissed. No Costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar pm 1.The Vice Chancellor, The Gandhigram Rural Institute, Deemed University, Gandhigram, Dindigul District. 2.The Registrar, The Gandhigram Rural Institute, Deemed University, Gandhigram, Dindigul District. GJM/SK/SKN/23.3.16-2p-3C W.P(MD)Nos.5055 to 5057 of 2016 14.03.2016 https://hcservices.ecourts.gov.