Madras High Court
Sundara Pandiyan vs The Vice Chancellor on 2 August, 2024
W.P.(MD).No.18300 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD).No.18300 of 2024
Sundara Pandiyan
... Petitioner
Vs
1. The Vice Chancellor,
Office of the Madurai Kamaraj University,
Madurai District.
2. The Registrar,
Office of the Madurai Kamarajar University,
Madurai.
3. The Public Relation Officer,
Office of the Madurai Kamarajar University,
Madurai.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondent No.1
to 3 to appoint the petitioner for the post of CPCLR (Consolidated pay Casual
Labour) driver by considering petitioner's representation, dated 10.06.2024
since this Court passed a direction in W.P.(MD).No.6179/2023 (batch cases) to
prepare the appointment priory schedule within 8 weeks by till date petitioner
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1/6
W.P.(MD).No.18300 of 2024
has not been appointed in his respective post even after having sufficient
vacancy.
For Petitioner : Mr.A.Naresh Prabu
For Respondents : Mr.T.Cibi Chakraborthy
Standing Counsel
ORDER
Heard Mr.A.Naresh Prabu, learned counsel for the petitioner and
Mr.T.Cibi Chakraborthy, learned Standing Counsel, for the respondents.
2.The petitioner has filed this Writ Petition seeking for a direction
to the respondent No.1 to 3 to appoint the petitioner for the post of CPCLR
(Consolidated pay Casual Labour) driver by considering petitioner's
representation, dated 10.06.2024.
3. By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
4. The petitioner, who has been temporarily working as a Driver in
the respondent University, has been terminated on 06.04.2022. Now the
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petitioner has preferred a petition seeking a direction to the respondents to take
back the petitioner.
5.Reference was made to the earlier Judgment of this Court in
WP(MD) No.6179 of 2023 etc., batch, wherein the following observation has
been made.
“5. The learned standing counsel clarify that the
University will prepare the seniority list of the disengaged
employees. In the said seniority list, their dates of original
appointment, number of days put in by them as well as the
Section or Department in which they were working will be
duly reflected. The petitioners will be taken back subject to
preference and priority to the seniors among them as and
when appointments are made in temporary or consolidated
capacity in the vacancies in the respective department. The
exercise of preparation of seniority list will be completed
within a period of eight weeks from the date of receipt of a
copy of this order and copy of the same will be served on the
learned counsel for the petitioners.”
6.The learned Standing Counsel for the respondents submitted that
the benefit of the order passed in W.P(MD) No.6179 of 2023 etc., batch is
different and hence, the relief sought for by the petitioner cannot be extended to
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him. However, from the observation of the Court, it is seen that seniority list
will be prepared in respect of persons, who have been disengaged and they will
be taken back subject to preference and priority as and when the appointments
are made in temporary or consolidated basis against the vacancies in the
respective department.
7.In fact, in the said list prepared by the second respondent, the
petitioner stands in S.No.3. None of the persons, who found in the list has been
taken back including the petitioner.
8.In view of the same, this writ petition stands disposed by giving
a direction to the respondents to consider the representation of the petitioner,
dated 10.06.2024 in the light of the earlier observation made in W.P.(MD) No.
6179 of 2023 and pass appropriate orders as expeditiously as possible,
depending upon the vacancy position. No costs.
02.08.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
PNM
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To
1. The Vice Chancellor,
Office of the Madurai Kamaraj University,
Madurai District.
2. The Registrar,
Office of the Madurai Kamarajar University,
Madurai.
3. The Public Relation Officer,
Office of the Madurai Kamarajar University,
Madurai.
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R.N.MANJULA, J.
PNM
ORDER IN
02.08.2024
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