Madras High Court
K.Gowthaman vs The Government Of Tamil Nadu on 21 June, 2023
W.P.No.27840 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.27840 of 2022
and
WMP.Nos.27122 & 27124 of 2022
K.Gowthaman ...Petitioner
Vs.
1.The Government of Tamil Nadu
rep. by its Secretary,
Department of Higher Education,
Secretariat, Chennai.
2.The Commissioner of Technical Education,
Directorate of Technical Education,
Sardar Patel Road, Guindy,
Chennai-600 025.
3.The Principal,
Government Polytechnic College,
Arakandanallur,
Villupuram District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus, directing the respondents
to regularize 10 long years service of the petitioner as Lecturer in
Mechanical Engineering in the Department of Mechanical Engineering
at third respondent Government Polytechnic College, Villupuram as the
extension of one time measure given in the judgment of Hon'ble
Supreme Court reported in 2006 (4) SCC 1.
For Petitioner : Mr.Singaravelan, Sr. Counsel
for Mr.M.Muruganantham
For Respondent : Mr.P.Baladhandayutham,
Nos.1 & 2 Special Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.27840 of 2022
ORDER
The petitioner herein had given representations to the
respondents requesting them to regularize 10 long years of her service
as Lecturer in Mechanicl Engineering in the Department of Mechanical
Engineering at the third respondent Government Polytechnic College,
Villupuram. Since the said representations were not considered, the
present Writ Petition has been filed.
2. 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. As such, non-consideration of the representation
by the Statutory Authority would amount to dereliction of duty and
hence, this Court will be justified in invoking its extraordinary powers
under Article 226 of Constitution of India and direct them to consider
the same within a stipulated time.
3. Since the representations were given long back by the
petitioner, it would be appropriate that the petitioner be granted
https://www.mhc.tn.gov.in/judis
W.P.No.27840 of 2022
liberty to give a fresh representation, with a consequential direction to
the respondents to consider the same, thereby securing the ends of
justice.
4. In the light of the above observations, the petitioner is
granted liberty to give a fresh representation to the respondents
herein, ventilating his grievances. On receipt of such a representation,
the respondents shall consider it and pass appropriate orders in
accordance with law, within a period of three months from the date of
receipt of such representation. Till such a disposal of the petitioner's
representation, the respondents shall not disturb the petitioner's
services. It is made clear that this Court has not expressed any of its
views with regard to the merits of the claim made by the petitioner
and it is open to the respondents to consider it on its own merits.
5. With the above direction, this Writ Petition stands disposed of.
Consequently, connected Miscellaneous Petitions are closed. There
shall be no order as to costs.
21.06.2023
Index:Yes/No
Order :Speaking / Non Speaking
Neutral Citation :Yes / No
https://www.mhc.tn.gov.in/judis
W.P.No.27840 of 2022
DP
https://www.mhc.tn.gov.in/judis
W.P.No.27840 of 2022
M.S.RAMESH,J.
DP
To
1.The Secretary,
Government of Tamil Nadu
Department of Higher Education,
Secretariat, Chennai.
2.The Commissioner of Technical Education,
Directorate of Technical Education,
Sardar Patel Road, Guindy,
Chennai-600 025.
W.P.No.27840 of 2022
and
WMP.No.27122 & 27124 of 2022
21.06.2023
https://www.mhc.tn.gov.in/judis
