P.Muthuchamy(47/17) v. The Secretary To The

W.P.(MD)No.1101/2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.1101 of 2017 P.Muthuchamy ... Petitioner -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 PRAYER: 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 01.12.2003 along with all consequential benefits within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.C.Ramar, Additional Government Pleader.

For R2 : Mr. T.Sakthi Kumaran

ORDER

Heard Mr.T.Lajapathi Roy, learned counsel appearing on behalf of the writ petitioner, 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 petitioner submitted that the writ petitioner was working as Clerk for the past 13 years, but his service has not been regularized till date. Hence, he made a representation on 09.01.2017. But, so far, the same has not been considered.

3.Though a larger relief has been sought for in the present Writ Petition to regularize the writ petitioner's service as Clerk from the date of completion of 10 years, when the Writ Petition is https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD)No.1101/2017 taken up for hearing, the learned counsel appearing on behalf of the writ petitioner submitted that the petitioner would be satisfied if a direction is issued to the respondents to consider his representation dated 09.01.2017.

4.The learned counsel appearing for the second respondent submitted that the Government have issued a direction to the respondent University not to regularize the employees. In view of the same, resolution is passed by the syndicate dated 05.02.2019. 5.Considering the above submissions made by the learned counsel appearing on behalf of the writ petitioner and the respondents, this Writ Petition is disposed of, directing the writ petitioner to submit a fresh representation, 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 representation, 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 AND A) // 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.

+1 CC to M/s.T. SAKTHI KUMARAN, Advocate ( SR-85282[F] dated 05/09/2019 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-85582[F] dated 06/09/2019 ) W.P.(MD)No.1101 of 2017 05.09.2019 KK/SAR/10.09.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/4