IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2017 CORAM:
THE HON’BLE MR.JUSTICE V.PARTHIBAN W.P.No.3607 of 2012 V.Paramasivan ...Petitioner vs.
1. The State of Tamil Nadu, Rep. by the Secretary, Higher Education Department, Fort St. George, Chennai - 600 009.
2. The Commissioner and Director of Technical Education, Guindy, Chennai - 600 025. ...Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Certiorarified Mandamus, to call for the records passed by the 2nd respondent in letter No. Ni. Mu. 445/B6/2007 dated 20.10.2011 and quash the same and consequently direct the respondents to regularize the service of the petitioner.
For Petitioner : Mr.V.Chinnasamy For Respondents : Mr.R.A.S. Senthilvel Additional Government Pleader
O R D E R
Writ Petition has been filed seeking for issuance of a Certiorarified Mandamus, to call for the records passed by the 2nd respondent in letter No. Ni. Mu. 445/B6/2007 dated 20.10.2011, quash the same and consequently direct the respondents to regularize the service of the petitioner.
2. The case of the petitioner is that he was appointed as Marker at the Government Polytechnic College, Coimbatore and he was working as such from 03.01.2004. Although, he has been continuously working as Marker, his service was not regularised in spite of his repeated representations. In the mean while, the first respondent through G.O.No.314, Higher Education (C2) Department dated 02.09.2005 initiated action on regularisation of Markers employed in the Technical Education Institute both the Government and Aided Institutions. As per the Government Order, the services of 37 Markers were regularized and all of them were brought under special Grade. Since the petitioner is also similarly placed like that of 37 Markers, he has also sought for regularization of his services as in the case of other similarly placed persons. It appears that the second respondent has forwarded another list of few other Markers for regularization of their services, wherein, the petitioner's name was found at Serial No.2. However, unfortunately, without regularizing the service of the petitioner and few others, by proceedings dated 20.10.2011 of the second respondent, the proposal of regularization was negatived. The said proceedings is under challenge before this court in the present writ petition.
3. When the writ petition was taken up for hearing earlier, the learned Additional Government Pleader was directed to file whether is there any existing vacancy for the purpose of accommodating the petitioner herein, who has been continued to work from 03.01.2004 as in the case of others, who were already accommodated.
4. The learned Additional Government Pleader has represented that at present there are no vacancies available and therefore, there is no scope for accommodating the petitioner on regular basis.
5. Be that as it may, this Court finds that the petitioner has worked continuously for about 13 years and therefore, de hors the proceedings, issued by the second respondent dated 20.10.2011, the claim of the petitioner for regular appointment shall be considered by the competent authority as and when any vacancy arises in the post of Marker in future. The administration shall take into consideration number of years of service put in by the petitioner and this Court hopes that the administration shall do the needful in carrying out the above directions passed by this Court.
6. With the above direction, the writ petition shall stands closed. No costs.
25.07.2017 dn To:
1. The State of Tamil Nadu, Rep. by the Secretary, Higher Education Department, Fort St. George, Chennai - 600 009.
2. The Commissioner and Director Technical Education, Guindy, Chennai - 600 025.
V.PARTHIBAN,J.
dn Order in
W.P.No.3607 of 2012
25.07.2017