Madras High CourtWP(MD)/940/2017disposed of

R.Kavitha, D/O.N.Ramakrishnan v. The Secretary To Government

2019-09-05Honourable Ms.Justice V.M.Velumani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) Nos.940 to 949 of 2017 R.Kavitha ... Petitioner in W.P.(MD)No.940/2017 B.Selvam ... Petitioner in W.P.(MD)No.941/2017 A.Jeya ... Petitioner in W.P.(MD)No.942/2017 S.Thavidammal ... Petitioner in W.P.(MD)No.943/2017 C.Pitchai ... Petitioner in W.P.(MD)No.944/2017 B.Shenbagaperumal ... Petitioner in W.P.(MD)No.945/2017 S.Sri Saraswathi ... Petitioner in W.P.(MD)No.946/2017 P.Dhanapandy ... Petitioner in W.P.(MD)No.947/2017 S.Nalini ... Petitioner in W.P.(MD)No.948/2017 M.Packiyaraj ... Petitioner in W.P.(MD)No.949/2017 -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 All WPs Prayer in WP(MD).No.940/2017:

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 Clerk with effect from the date of completion of 10 years of service ie., from 20.05.2011 along with all consequential benefits within the time period stipulated by this Court.

Prayer in WP(MD). 941/ 2017 :

1/4

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to regularize the petitioners service as Clerk with effect from the date of completion of 10 years of service i.e. from 01.11.2008 along with all consequential benefits within the time period stipulated by this Court. Prayer in WP(MD). 942/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to regularize the petitioners service as Clerk with effect from the date of completion of 10 years of service i.e. from 05.06.2007 along with all consequential benefits within the time period stipulated by this Court. Prayer in WP(MD). 943/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to regularize the petitioners service as Clerk with effect from the date of completion of 10 years of service i.e. from 11.04.2009 along with all consequential benefits within the time period stipulated by this Court. Prayer in WP(MD). 944/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to regularize the petitioners service as Clerk with effect from the date of completion of 10 years of service i.e. from 25.03.2008 along with all consequential benefits within the time period stipulated by this Court. Prayer in WP(MD). 945/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of 2/4

Mandamus directing the respondents to regularize the petitioner service as Clerk with effect from the date of completion of 10 years of service i.e. from 01.08.2013 along with all consequential benefits within the time period stipulated by this Court Prayer in WP(MD). 948/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the respondents to regularize the petitioner service as Clerk with effect from the date of completion of 10 years of service i.e. 14.11.2014 along with all consequential benefits within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy (in all Writ Petitions) For R1 : Mr.C.Ramar, (in all Writ Petitions) Additional Government Pleader For R2 : Mr. T.Sakthi Kumaran (in all Writ Petitions) COMMON ORDER Heard Mr.T.Lajapathi Roy, learned counsel appearing on behalf of the writ petitioners, Mr.C.Ramar, learned Additional Government Pleader appearing on behalf of the first respondent and Mr.T.Sakthi Kumaran, learned counsel appearing on behalf of the second respondent.

2.The learned counsel appearing on behalf of the writ petitioners submitted that initially, the writ petitioners were appointed as Casual Labourer in the respondent University and thereafter, they were appointed as Consolidated Pay Casual Labourer. Now, they are entrusted with the work of Clerk for the past 15 years, but their services have not been regularized till date. Hence, they made representations 07.01.2017 and 11.01.2017. 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 Clerk from the date of completion of 10 years, when the Writ Petitions are 3/4

taken up for hearing, the learned counsel appearing on behalf of the writ petitioners submitted that the petitioners would be satisfied if a direction is issued to the respondents to consider the representations dated 07.01.2017 and 11.01.2017. 4.The learned counsel appearing for the second respondent 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 writ petitioners and the respondents, these Writ Petitions are disposed of, directing the writ 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 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. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) To The Secretary to the Government / Convenor of Madurai Kamaraj University, Department of Higher Education, Fort St. George, Chennai-9.

+1 CC to M/s.T. SAKTHI KUMARAN, Advocate (SR-85284[F] dt.05/09/2019 +10 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-85580[F] dt.06/09/2019 +1cc to Spl.Govt. Pleader, SR.85580 W.P.(MD)Nos.940 to 949 of 2017 05.09.2019 Myr JMN(10.09.2019) 4P : 14C 4/4