P.Rani, W/O.Stephen Immanuel, v. The Secretary To Govt,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.(MD)Nos.3836 & 3837 of 2018 P.Rani
...Petitioner
/Vs./ 1.The Secretary to Government, Higher Education (H1) Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009.
2.The Vice Chancellor, Anna University, Chennai 600 025.
3.The Registrar, Anna University, Chennai 600 025.
4.The Dean, Regional Centre, Anna University, Tirunelveli.
5.Dr.R.Ramesh, Now working under 3rd respondent as Assistant Librarian (on deputation), Annamalai University, Chidambaram.
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 3rd respondent in ref.001/PR 10 & 20/2017 dated 28/11/2017 quash the same and consequently direct the respondents 1 to 4 herein to regularize the services of the petitioner as Assistant Librarian with effect from the date of initial appointment with all monetary and attendant benefits.
For Petitioner : Mr.Kannan for M/s.Veera Associates For R1 : Mr.A.K.Manikkam Special Government Pleader For R2 to R4 : Mr.Isac Camilus for Mr.K.Govindarajan 1/3
ORDER
Heard Mr.Kannan, learned counsel for the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader appearing for R1 and Mr.Camilus, learned counsel appearing for the University, being R2 to R4.
2.As far as R5 is concerned, it was noticed on the earlier occasion ie., 10.01.2022 that he has been sent back to his parent Department ie., Annamalai University, from which he was deputed to Anna University and his position has been taken by a new incumbent. 3.Though the petitioner was to amend the writ petition and seek substitution of the new incumbent in place of original R5, that has not been done. In view of the order that is being passed, I see no necessity for this as well.
4.This very petitioner has, along with ten other persons working in Anna University filed a writ petition in W.P.(MD)No.10725 of 2015, wherein she had prayed for a mandamus directing the officials of Anna University to regularise her services from date of initial appointment. By an order dated 11.06.2019, the writ petition has come to be dismissed.
5.Thus, nothing survives in this writ petition and the same is also dismissed. That apart, the petitioner has not made a disclosure in this writ petition about the earlier writ petition seeking the same prayer by way of consequential relief, the main prayer being for a certiorarified mandamus for quash of the order of R3 appointing R5 as Assistant Librarian.
6.In my view, a material fact has been suppressed by the petitioner and costs of an amount of Rs.2,000/- (Rupees Two Thousand only) is imposed to be remitted by the petitioner within a period of four weeks from today, in favour of the Advocates Welfare Fund, Madurai Bench of Madras High Court, bearing Account No.7087208431 in Indian Bank, High Court Branch, Madurai. Proof be filed before the Registry. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3
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To 1.The Secretary to Government, Higher Education (H1) Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009.
Copy to 1.The Officer in Charge, Advocates Welfare Fund, Madurai Bench of Madras High Court, Madurai.
2.The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-2964[F] dated 28/01/2022 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-2982[F] dated 28/01/2022 ) +1 CC to M/s.SPL.GP ( SR-3119[F] dated 31/01/2022 ) Dated:
28.01.2022 RK(10/02/2022) 3P 7C 3/3