S.Thayananthan, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Thayananthan ... Petitioner in W.P(MD)No.7621 of 2017 L.Josephine Mary ... Petitioner in W.P(MD)No.7622 of 2017 Vs

1. The Secretary to Government / Convenor of Madurai Kamaraj University, Department of Higher Education, Fort St George, Chennai.

2. The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai - 625 021.

... Respondents in both writ petitions COMMON PRAYER: Writ Petitions is filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus, directing the respondents to regularise the petitioners' services with the respondent University as Technical staff with effect from the date of completion of ten years of service, i.e., 13.11.2015 along with all consequential monetary benefits.

For Petitioner : Mr.G.Prabhu Rajadurai Respondent : Mr.A.Karthik, No.1 Government Advocate in both writ petitions COMMON ORDER The writ petitions have been filed seeking a direction to the respondents to regularise the petitioners' services with the respondent university as Technical staff with effect from the date of completion of ten years of service, i.e., 13.11.2015 along with all consequential monetary benefits.

2.The case of the petitioners is that through a selection proceess they were appointed on daily wage basis as Technical Staff in the year 2004 in the respondent university. In the year 2005, 1/3

considering the requirement of more Technical Staff, the Finance Committee recommended the syndicate of the university to appoint Technical Staff on consolidated basis and as such, the respondent university conducted selection process among the daily wage employees and the petitioners were selected and appointed on 14.11.2005 as Data Entry Operators on a consolidated pay of Rs.3,600/- per month and they were all along working as such and their pay was periodically increased upto Rs.13,000/- per month. According to the petitioners, after completion of ten years of service, the respondent university would regularise their services and absorb them in a time scale of pay. Though the respondent university regularised the services of other employees and absorbed them, the petitioners' services were not regularised and they were not absorbed. Therefore, the petitioners submitted several representations to the respondent university right from the year 2013, but they have not been considered by the respondent university. Therefore, the petitioners are here before this Court.

3.The learned counsel appearing for the petitioners would submit that it would suffice, if the respondents are directed to dispose of the detailed representations of the petitioners 28.02.2017 and 02.03.2017 respectively, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents have no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of the matter, directs the respondents to consider the petitioners' detailed representations, dated 28.02.2017 and 02.03.2017 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk 2/3

To 1.

The Secretary to Government / Convenor of Madurai Kamaraj University, Department of Higher Education, Fort St George, Chennai.

2.

The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai - 625 021.

+1 CC to M/s.SPL GP ( SR-10878 & 10879[F] dated 12/03/2021 ) +1 CC to Mr.G.PRABHU RAJADURAI, Advocate SR.No. 10791 11.03.2021 SMV(CO) TR(24.03.2021) 3P 5C 3/3