A. Annadurai v. The Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)Nos.1745, 2333, 2334 and 2381 of 2016 and W.M.P.(MD)Nos.1510, 1511, 1926, 2056, 2112 to 2114, 2053 of 2016 A.Annadurai ... Petitioner petitioner at once.

W.P.(MD)No.2333 of 2016:

1.M,Premakumari 2.P.Jothiramalingam 3.J.Malaiyappan 4.N.Vijayakumar 5.M.Subathra 6.T.Chandrasekar 7.J.Sithivinayagam 8.H.Shyamala Devi 9.S.Poornima 10.P.Ayyadurai 11.S.Vijayaragunatharaju 12.M.Kayathri 13.T.Karthikeyan 14.N.Padmanaban 15.M.R.Raghu 16.S.Anjaladevei 17.SBalachandran 18.I.Mariasoosai 19.P.Sivan Kumar 20.S.Karthikesan 1/4

petitioners at once.

W.P.(MD)No.2334 of 2016:

1.B.Manonmani 2.V.Kannan 3.A.Dhandapani 4.S.Shanmugapriya 5.P.Sanjeevee 6.M.Saravanan 7.J.Mala 8.P.Balaji 9.M.Shanthi 10.A.Syed Subahani 11.C.Sathish Kumar 12.S.Mahalakshmi 13.S.Malathi 14.G.Kayalvizhi 15.C.Velmurugan 16.V.Periyasamy 17.V.Akilandeshwari 18.C.Sundari 19.K.Vijayalakshmi 20.A.Sumathi petitioners at once.

W.P.(MD)No.2381 of 2016:

1.S.Revathi 2.C.Muthuchelvi 2/4

3.M.Thirunirai Senthamil Selvi petitioners at once.

In all cases:

For Petitioner : Mr.A.Rishab for Mr.P.Ganapathi Subramanian For Respondents : Mr.E.V.N.Siva *****

O R D E R

These Writ Petitions are filed challenging the impugned advertisement, dated 13.01.2016 and a consequential relief to regularize the petitioners' service in the post, which they are holding.

2.The petitioner in W.P.(MD)No.1745 of 2016, was appointed as Professional Assistant-II for consolidated pay of Rs.3,000/-. Then the petitioner's pay was revised as daily wages basis. Presently, he is receiving Rs.541/- per day. The petitioner has qualified B.Sc., (Physics) and M.A. (Public Administration). While the petitioner was serving in the institution, the respondents have issued an Advertisement, dated 13.01.2016, inviting application from the eligible persons for the post of Junior Assistant and Office Assistant and the vacancy was shown as 45 and 75 respectively. 3.The contention of the petitioner is that since he is eligible to the said post, rather than calling from open market, the respondent ought to regularize the petitioner in the said post. There are similar Writ Petitions filed before the Principal Bench and this Court.

4. The Learned Counsel for the respondent submitted that since the advertisement was challenged in several writ petitions the respondent has not proceeded further based on the said Advertisement. And also submitted if at all recruitment is necessary, the University will issue a fresh advertisement and will not proceed with the impugned advertisement. The said submission is being recorded. The writ petitioners have filed this writ petition to quash the advertisement dated 13.01.2016 and as stated supra the part of the prayer is considered by the respondent and hence the 3/4

impugned advertisement is quashed.

5. The other part of the prayer is to regularize the petitioner's service. Since the respondent has every right to decide to recruit meritorious candidate based on the need of the institution, the petitioners cannot claim regularization as a matter of right. However, seeing the long tenure of the petitioners from 2008 onwards, the petitioner is entitled to some weightage.

6. Therefore, the respondents are directed to consider the petitioners' long service and grant some weightage, even if new recruitment process is carried out. If need be, the age relaxation shall also be granted to the petitioners.

7. With the above direction, the Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Tmg Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO:

+4 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-16464 to 16467 [F] dated 04/04/2022 ) W.P.(MD)Nos.1745, 2333, 2334 and 2381 of 2016 31.03.2022 RD(26.04.2022) 4P 6C 4/4