B.Ramalakshmi, D/O.K.Bose v. The Secretary To Government/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) Nos.3872, 704 and 705 of 2017 and W.M.P.(MD)Nos.581 and 582 of 2017 in W.P.(MD)Nos.704 and 705 of 2017 B.Ramalakshmi ... Petitioner in W.P.(MD)No.3872 of 2017 P.Padmarani ... Petitioner in W.P.(MD)No.704 of 2017 T.Southamani ... Petitioner in W.P.(MD)No.705 of 2017 -Vs1.The Secretary to the Government / Convenor of Madurai Kamaraj University, Department of Higher Education, Fort St. George, Chennai-9.
2.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021.
...Respondents in W.P.(MD)No.3872 of 2017
The Madurai Kamaraj University, Represented by its Registrar, Madurai, Madurai District. ... Respondent in W.P.(MD)Nos.704 and PRAYER in W.P.(MD)No.3872 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to regularize the petitioner's service as Data Entry Operator with effect from the date of completion of 10 years of service ie., from 01.09.2013 along with all consequential benefits within the time period stipulated by this Court. PRAYER in W.P.(MD)No.704 and 705of 2017: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent University to regularize the petitioners' service as Clerk / Junior Assistant as per the qualification with effect from the date of completion of 10 years of service as Consolidated Pay Casual Labourer (CPCLR) ie., on and from 14.11.2015 and sanction and release all attendant benefits. 1/6
For Petitioner : Mr.T.Lajapathi Roy (in W.P.(MD)No.3872 of 2017) For R1 : Mr.S.Dhayalan, Government Advocate.
(in W.P.(MD)No.3872 of 2017) For R2 : Mr.T.Sakthi Kumaran (in W.P.(MD)No.3872 of 2017) For Petitioner : Mr.S.Subbiah (in W.P.(MD)Nos.704 and 705 of 2017) For Respondent : Mr.T.Sakthi Kumaran (in W.P.(MD)Nos.704 and 705 of 2017) COMMON ORDER Heard the learned counsel appearing on behalf of the petitioners, Mr.S.Dhayalan, learned Government Advocate appearing on behalf of the first respondent and Mr.T.Sakthi Kumaran, learned counsel appearing on behalf of the respondent University. 2.The learned counsel appearing on behalf of the petitioners submitted that initially, the petitioners were appointed as Casual Labourers in the respondent University and thereafter, they were appointed as Consolidated Pay Casual Labourers. Now, they are entrusted with the work of Data Entry Operator, Clerk / Junior Assistant respectively, for the past 15 years, but their services have not been regularized till date.
Hence, they made representations dated 15.02.2017, 12.11.2015 and 03.02.2016. But, so far, the same have not been considered.
3.Though a larger relief has been sought for in the present Writ Petitions to regularize the writ petitioners' service as Data Entry Operator, Clerk / Junior Assistant from the date of completion of 10 years, when the Writ Petitions are taken up for hearing, the learned counsel appearing on behalf of the petitioners submitted that the petitioners would be satisfied if a direction is issued to the respondents to consider the representations dated 15.02.2017, 12.11.2015 and 03.02.2016.
4.The learned counsel appearing for the respondent University submitted that the Government has issued a direction to the respondent University not to regularize the employees. 5.Considering the above submissions made by the learned counsel appearing on behalf of the petitioners and the respondents, these Writ Petitions are disposed of, directing the petitioners to submit fresh representations, enclosing the service particulars to the respondents, within a period of two weeks from the date of receipt of a copy of this order.
On such receipt of 2/6
representations, the respondents are directed to consider the same and pass orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Crl.side) // True Copy // Sub Assistant Registrar(CS) Myr To The Secretary to the Government / Convenor of Madurai Kamaraj University, Department of Higher Education, Fort St. George, Chennai-9.
+1CC to M/s.T.LAJAPATHI ROY, Advocate( SR-103095[F] dated 03/12/2019 +3 CC to M/s.T.SAKTHI KUMARAN, Advocate ( SR-102594, 102592, 102593 +1 CC to M/s.GP ( SR-102965[F] dated 02/12/2019 ) +2cc to M/S. P.JESSI JEEVA PRIYA, Advocate, Sr.Nos.102770 and 102771 SMA/30/12/19/3P/9C W.P.(MD)Nos.3872, 704 and 705 of 2017 29.11.2019 3/6