This writ petition has been filed to issue a writ of Mandamus directing the respondents to extend the benefit of regularization to the petitioner as marker from the date on which his immediate junior was extended with such benefit on the basis of G.O.Ms.No.314 Higher Education Department dated 02.09.2005 and to extend all other consequential benefits both service and monetary the same.
2. According to the petitioner, he was appointed as a Marker on 11.12.1997 on a monthly consolidated pay and has been continued in service. Based on the G.O.Ms.No.314 Higher Education dated 02.09.2005 , wherein it is stated that only 37 persons annexed to the said Government Orders were regularized and not the petitioner even though he is a senior person. That apart in the above Government Order, it has been categorically mentioned that in the ratio of one Marker pen Institution as many as 40 persons are to be regularized. Out of which, three persons already reached the age of superannuation and 37 names have been specified to the Annexure with reference to the date of their respective appointment. Initially the proposals were made for about 49 persons including the petitioner vide Letter of the DTE No.103159/h2/92 dated 04.03.1998 and thereafter the same has been reiterated vide letter dated 27.03.2002, to treat the post as vanishing category after regularization by the Government. Even though the Government issued the order, the seniors have been omitted to be included. Though the recommendations would say that in case of excess persons in Polytechnic, the said excess persons shall be accommodated to a needy Institution or to an Institution where such post is available. Therefore there is a failure on the part of the respondents to include the name of the petitioner along with others. Hence, the petitioner has given a representation to the authorities on 28.09.2005 seeking consideration for regualrisation of his services. Since the respondents did not consider the same, the petitioner has come forward with the present writ petition.
3. I Heard Mr.L.Chandrakumar, learned counsel appearing for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents and perused all the relevant records.
4. Considering the facts and circumstances of the case, this Court directs the petitioner to make a fresh representation to the first respondent, within a period of two weeks from today and on such receipt of the same, the first respondent is directed to consider the petitioner's representation and pass appropriate orders on merits and in accordance with law, preferably, within a period of eight weeks from the date of receipt of a copy of this order, by giving personal opportunity to the petitioner on the basis of G.O.Ms.No.314 Higher Education Department dated 02.09.2005 and to extend all other consequential benefits including service and monetary benefits.
5. In the light of the above G.O, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
11.09.2017 Index:Yes/No Internet : Yes/No kkd To
1. The Secretary, Higher Education Department, Fort St. George, Chennai 600 009.
2. The Director of Technical Education, Guindy, Chennai 600 025.
3. The Principal, Government College of Technology Coimbatore.
M.V.MURALIDARAN,J kkd W.P.No.38413 of 2005 and WMP.No.41110 of 2005 11.09.2017 (½)