Mr.S.Kanagasabapathy, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.17613, 17614 and 17615 of 2017 Mr.S.Kanagasabapathy ... Petitioner in W.P.(MD).No.17613 of 2017 Mr.S.Charles Mark ... Petitioner in W.P.(MD).No.17614 of 2017 Mr.M.Vijay Alexander ... Petitioner in W.P.(MD).No.17615 of 2017 Vs.

1.The Principal Secretary to the Government, Department of Higher Education, Secretariat, Fort St. George, Chennai -9.

2.The Registrar, Anna University, Chennai.

... Respondents in all W.Ps.

Prayer in W.P.(MD).No.17613 of 2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to enhance the petitioner's salary on parity with the regular Office Assistants working in the University by adopting the principle of equal pay for equal work and to regularise the service of the petitioner in the post of Office Assistant with regular time scale within the time stipulated by this Court.

Prayer in W.P.(MD).No.17614 of 2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to enhance the petitioner's salary on parity with the regular Lab Assistants working in the University by adopting the principle of equal pay for equal work and to regularise the service of the petitioner in the post of Lab Assistant with regular time scale within the time stipulated by this Court.

Prayer in W.P.(MD).No.17615 of 2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to enhance the petitioner's salary on parity with the regular Junior Assistants working in the University by adopting the principle of equal pay for equal work and to regularise the service of the petitioner in the post of Junior 1/3

Assistants with regular time scale within the time stipulated by this Court.

For Petitioners : Mr.T.Lajapathi Roy for all the petitioner For R1 : Mr.A.Karthick Government Advocate for all the petitioner For R2 : Mr.M.Rajarajan for all the petitioner C O M M O N O R D E R Since the issue involved in these writ petitions is one and the same, these writ petitions are taken up together and disposed of by this common order.

2. The case of the petitioners is that though the petitioners were working in the post of Office Assistant, Lab Assistant and Junior Assistant respectively, for the past five years, on daily wage basis, their services were not regularised and they are getting meagre amount from General Fund Account of Anna University. The regular Assistants working in the respondent University and the petitioners are performing equal work as that of the regular assistants. However, the pay was different in between them. In order to avail such a benefit, the petitioners have made a representation on 27.08.2017, to the respondents, requesting them to fix the pay on par with the regular employee. However, till date no order was passed. Hence, the petitioners have filed the present writ petitions with the aforesaid prayer.

3. The learned counsel appearing for the petitioners would submit that this Court may issue a direction to the respondents to consider the petitioners' representation, dated 27.08.2017, within a specified period as fixed by this Court.

4. The learned Government Advocate appearing for the first respondent has 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 matters, directs the respondents to consider the petitioners' representation, dated 27.08.2017 and pass 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.

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

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Principal Secretary to the Government, Department of Higher Education, Secretariat, Fort St. George, Chennai -9.

2.The Registrar, Anna University, Chennai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-11631[F] dated 17/03/2021 ) +1 CC to M/s.M.RAJARAJAN, Advocate ( SR-11747[F] dated 17/03/2021 ) +1 CC to M/s.SPL GP ( SR-12030[F] dated 17/03/2021 ),12028,12029 W.P.(MD)Nos.17613, 17614 and 17615 of 2017 16.03.2021 KB(24.06.2021) 3P 6C 3/3