Madras High Court
D.Raju vs The Government Of Tamil Nadu on 22 June, 2021
W.A.(MD)No.1287 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1287 of 2018
D.Raju ... Appellant
Vs.
1.The Government of Tamil Nadu,
Represented by its Principal Secretary,
Department of Higher Education,
Chepauk, Chennai.
2.The Convener Committee,
Represented by its Law Secretary,
Manonmaniam Sundaranar University,
Tirunelveli.
3.The Manonmaniam Sundaranar University,
Represented by its Registrar,
Abhisekapatti,
Tirunelveli - 627 012. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
allow the Writ Appeal and set aside the order passed in WP(MD)No.2626 of
2012 dated 02.03.2018 on the file of this Court.
https://www.mhc.tn.gov.in/judis/
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W.A.(MD)No.1287 of 2018
For Appellant : Mr.T.Lajapathy Roy
For Respondents : Mr.R.Baskaran,
Standing Counsel for Government
Mr.Mahaboob Athiff
for M/s.Ajmal Associates,
for R2 and R3
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.T.Lajapathy Roy, learned Counsel for the
appellant, Mr.R.Baskaran, learned Standing Counsel for Government for the
first respondent and Mr.Mahaboob Athiff, learned counsel appearing for the
respondents 2 and 3.
2. The petitioner who is the appellant before us, had filed the Writ
Petition praying for issuance of Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned resolution passed by the second respondent
in VC's Item No.3, dated 20.04.2012, and quash the same as illegal and
consequently, direct the third respondent to retain the petitioner in the present
Post of Assistant Professor in the Department of History.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1287 of 2018
3. The prayer was rejected by the learned Writ Court by the impugned
order dated 02.03.2018 and by efflux of time, the relief sought for cannot be
granted at this juncture. More particularly, the appellant got transferred to the
Administrative Cadre, in which, he was originally working and he is now
retired from Service. The reason for not permitting the appellant to continue as
Assistant Professor in the Department of History, is on the alleged ground that
his appointment/nomination was irregular, which according to the succeeding
Syndicate and Vice Chancellor was found to be erroneous. The appellant
appears to have much concealed himself in the position in the Administrative
Cadre and he has attained age of Superannuation.
4. The submission of the learned counsel for the appellant is that in
the Administrative Cadre, he should be granted appropriate notional benefits, so
that, he will draw higher pensionary benefits and consequently, the pension has
to be refixed.
5. The learned Standing Counsel for the Government would submit
that till date, no such written request or representation has been received by the
University from the appellant and the submission made before this Court is for
the first time.
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W.A.(MD)No.1287 of 2018
6. In any event, we find that there is no error in the order passed in the
Writ Petition for us to interfere. Nevertheless, if the appellant seeks for further
relief as the consequence of his functioning in the Administrative Cadre and
attaining Superannuation, it is always open to the appellant to seek for such
prayer before the respondent University, which can be considered in accordance
with relevant statute.
5. With the above observations, this Writ Appeal is dismissed. No
order as to costs.
[T.S.S., J.] & [S.A.I., J.]
22.06.2021
Index : Yes / No
Internet : Yes / No
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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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1287 of 2018
To
The Principal Secretary,
The Government of Tamil Nadu,
Department of Higher Education,
Chepauk, Chennai.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1287 of 2018
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
mbi/pkn
JUDGMENT MADE IN
W.A.(MD)No.1287 of 2018
22.06.2021
https://www.mhc.tn.gov.in/judis/
