The Bharathidadan University, v. Ramesh .S
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Thirteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice BATTU DEVANAND IN WP(MD) No.7755 of 2014 1 THE BHARATHIDADAN UNIVERSITY, REP. BY ITS VICE-CHANCELLOR, 2 THE REGISTRAR, BHARATHIDASAN UNIVERSITY, ... Petitioners / Respondents 1 & 2 Vs 1 S.RAMESH ... 1st Respondent / Writ Petitioner 2 THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009.
3 THE DIRECTOR OF COLLEGIATE EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI-600 006.
... Respondents 2 & 3 / Respondents 3 & 4 1/4
Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant leave to the petitioners to file counter affidavit in the writ petition in W.P.(MD).No. 7755 of 2014.
Prayer in WP(MD). 7755/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court issue a Writ of Mandamus directing the Respondents 3 and 4 to regularize the services Department in Bharathidasan University Model College at Aranthangi, Pudukkottai District with effect from 16.09.2007, the date of joining of the petitioner, with all consequential benefits including monetary benefits, seniority etc., on par with the regular or permanent Assistant Professors of the Respondent University and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. (Prayer amended vide Court Order dated 24.04.2023 in WMP(MD). No. 7968/2023 in WP(MD) No.
7755/2014) ORDER : This writ miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.V.R.SHANMUGANATHAN, Advocate for the petitioners, the court made the following order:- The Miscellaneous petition is filed seeking leave of the Court to file a counter affidavit in this Writ Petition.
2. Admittedly, counter affidavit has been filed beyond the time stipulated in Rule 24(2) of Madras High Court Writ Rules.
3. However, counter affidavit is essential for proper adjudication of the issue involved in this Writ Petition.
4. In view of the same, it is appropriate to permit the petitioner to file counter affidavit subject to certain condition.
2/4
5. Accordingly, this petition is allowed and counter affidavit is taken on file on condition that the petitioner shall pay the cost of Rs.10,000/- (Rupees Ten Thousands Only) to Rojavanam Old Age Home, Uthangudi, Madurai District, within a period of one week and to file a memo of cost before the Registry by the next date of hearing.
6. Post the main Writ Petitions on 21.09.2023 at 2.15 P.M. sd/- 13/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
CM To 1 THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009.
2 THE DIRECTOR OF COLLEGIATE EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI-600 006.
3 THE VICE-CHANCELLOR, BHARATHIDADAN UNIVERSITY, 3/4
4 THE REGISTRAR, BHARATHIDASAN UNIVERSITY, COPY TO:
THE OFFICER INCHARGE, ROJAVANAM OLD AGE HOME, UTHANGUDI, MADURAI DISTRICT.
ORDER
IN IN WP(MD) No.7755 of 2014 Date :13/09/2023 ED/JGB/SAR- (20/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4