Madras High Court
P.Chinniah vs Government Of Tamil Nadu on 8 March, 2021
W.P.No.5411 of 2021
IN The HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2021
CORAM:
The HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.5411 of 2021
P.Chinniah ... Petitioner
-vs-
1.Government of Tamil Nadu,
Rep. by its Secretary to Government,
Education Department,
Fort St. George,
Chennai-600 009.
2.The Director of Collegiate Education,
College Road,
Chennai-600 006.
3.The Principal,
Mannar Duraisingam Government Arts College,
Sivagangai District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the second
respondent to dispose of the representation made by the petitioner
dated 05.12.2018 to regularise the service of the petitioner from the
initial date of appointment dated 22.03.1995 with all consequential
service and monetary benefits within a stipulated time fixed by this
Court.
For Petitioner : Ms.A.Anusuya
For Respondents : Mr.S.Karthikeibalan,
Government Advocate
1/6
W.P.No.5411 of 2021
ORDER
This Writ petition is filed, seeking a direction to the second
respondent to dispose of the representation made by the petitioner
dated 05.12.2018 to regularise his service from the initial date of
appointment dated 22.03.1995 with all consequential service and
monetary benefits within a stipulated time fixed by this Court.
2. Mr.S.Karthikeibalan, learned Government Advocate takes notice
on behalf of the respondents. By consent of both parties, the Writ
Petition is taken up for final disposal at the admission stage itself.
3. It is the case of the petitioner that he was appointed as
waterman on daily wages through Employment Exchange in the office
of Pulankuruchi Va.Sa.Siva Government, Arts College by proceedings
dated 22.03.1995. As there was no vacancy in the said college, he was
transferred to the third respondent college. Pursuant to G.O.Ms.No.365,
dated 05.11.2007 his service was regularised only from 05.11.2007
and not from his initial date of appointment i.e. on 22.03.1995. But his
juniors got the benefit of regularization from the date of appointment
pursuant to the Judgments of this Court made in W.P.No.7884 of 2013
dated 19.09.2014 and W.P.No.22587 of 2015, dated 02.09.2016. In
this regard, the petitioner has made a representation dated 05.12.2018
W.P.No.5411 of 2021
to the second respondent. Since there was no progress, the present
writ petition has been filed.
4. Considering the facts and circumstances of the case and taking
into account the fact that the petitioner's representation is already
pending with the second respondent, the Writ Petition is disposed of
with the following directions:
i) A direction is issued to the second respondent herein to
consider the representation submitted by the petitioner dated
05.12.2018, if not already disposed of, and pass appropriate orders
thereon, in accordance with law, after affording an opportunity of
hearing to the petitioner and other persons, if any, who are likely to be
affected, as expeditiously as possible, preferably within a period of 60
days from the date of receipt of a copy of this order;
ii) In case the petitioner is unable to appear for personal hearing,
the petitioner is entitled to send a written submission within a period of
one month from the date of receipt of a copy of this order through
registered post or speed post and the same shall be treated as personal
hearing. It is made clear that the petitioner can avail the opportunity of
either personal hearing or filing written submission and not both;
W.P.No.5411 of 2021
iii) In case the petitioner fails to appear or file a written
submission in time, the second respondent shall pass orders based on
the available records and the petitioner, cannot at a later point of time
take a stand that opportunity of being heard is not given to the
petitioner;
iv) The petitioner shall furnish Mobile Number, email ID, if any,
etc., along with a copy of the representation dated 05.12.2018 and this
order, to the second respondent forthwith;
v) The second respondent is directed to communicate the decision
taken on the representation to the petitioner within a period of three
weeks from the date of decision taken thereon, by way of
SMS/Email/registered post/speed post, so that there is no need for the
petitioner to file contempt after expiry of the specified period. In case
the authorities concerned fail to send communication to the petitioner,
they will have to face the civil imprisonment in case of contempt
proceedings. If they are unable to serve the order and the cover being
returned un-served for one reason or the other, the same shall be kept
in the file without opening it for the proof of delivery, so that the
petitioner, later on, will not take a plea that the petitioner is not aware
W.P.No.5411 of 2021
of the order. It is needless to mention, if there is any delay in seeking
the relief, it is open to the respondents to consider the same and also
deprive the arrears. No costs.
08.03.2021
Index: Yes / No
Speaking order /Non speaking order
rsi
To
1.Government of Tamil Nadu,
Rep. by its Secretary to Government,
Education Department,
Fort St. George,
Chennai-600 009.
2.The Director of Collegiate Education,
College Road,
Chennai-600 006.
3.The Principal,
Mannar Duraisingam Government Arts College,
Sivagangai District.
W.P.No.5411 of 2021
S.VAIDYANATHAN, J.
rsi
W.P.No.5411 of 2021
08.03.2021
