Lenin Desai.S v. The Anna University
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Lenin Desai ... Petitioner Vs
1. The Anna University, Rep., by its Registrar, Sardar Patel Road, Chennai-600 025.
2. The Director, Center for Constituent College, Anna University, Sardar Patel Road, Chennai-600 025.
3. The Director, Anna University Center for Constituent Colleges, Regional Officer, Tiruchirappalli.
4. The Dean, Anna UniversityCollege, Bharathidasan Institute of Technology Campus, Tiruchirappalli.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd 1/6
respondents to consider forthwith the petitioner's representations dated 14.03.2023, 23.03.2023, 31.07.2023, 07.08.2023 and 08.08.2023 to permit the petitioner to continue as Temporary Teaching Fellow in the Department of Electrical and Communication Engineering int he 4th respondent college. For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents : Mr.E.V.N.Siva Standing Counsel for R1 to R3
ORDER
Heard Mr.K.Ragatheesh Kumar, learned counsel for the petitioner and Mr.E.V.N.Siva, learned Standing Counsel for the respondents 1 to 3. 2.This Writ Petition has been filed for issuance of the Writ of Mandamus to direct the respondents 1 and 2 to consider forthwith the petitioner's representations dated 14.03.2023, 23.03.2023, 31.07.2023, 07.08.2023 and 08.08.2023 to permit the petitioner to continue as Temporary Teaching Fellow in the Department of Electrical and Communication Engineering int he 4th respondent college.
3. The petitioner was appointed as Teaching Fellow in the Department of Electrical and Electronic Engineering (ECE) in the 3rd 2/6
respondent college on temporary basis with effect from 29.01.2015 on consolidated pay. Such appointment was limited for a period of five months and several other candidates were also engaged by the 1st respondent in the simlar terms. After completion of five months, the respondents reengage the petitioner as well as the similarly placed other candidates who were appointed in the simlar terms by separate orders.The last extension order was issued to the petitioner on 02.06.2022 for the period from 06.06.2022 to 30.11.2022 on consolidated pay. Thereafter, no extension was issued to the petitioner. In the meanwhile the petitioner was issued with a letter dated 18.01.2023 by the second respondent alleging that a complaint of sexual harassment was received against the petitioner and directed him to appear for enquiry on 30.01.
2023 before the Dean, Anna University, Chennai. In the enquiry, the petitioner denied the allegations made against him and therefore, he was directed to give it in writing. Thereafter, it is learnt that the said allegation was not against the petitioner and some other faculty and the University had taken action against the said faculty. Therefore, the petitioner made several representations requesting the respondents to permit him to continue in service on par with the similarly placed candidates. Since the representations were not considered, the present writ petition has been filed.
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4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.
5. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 07.08.2023 on its own merits and pass appropriate orders in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the first respondent to consider the same on its own merits.
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8. With the above directions, this writ petition is disposed of. No Costs.
09.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes PJL 5/6
R.N.MANJULA, J.
PJL ORDER IN 09.07.2024 6/6