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Madras High Court

Dr.N.Devanathan vs The Secretary Of Tamil Nadu on 29 October, 2015

Author: M.Sathyanarayanan

Bench: M.Sathyanarayanan

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 29.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
W.P.No.34498/2015

1.Dr.N.Devanathan
2.Dr.Gowri Ramesh
3.Dr.N.Kayalvizhi
4.Dr.A.Vijayalakshmi Ramalingam
5.G.Jayagowry
6.R.Thangaramani
7.R.Santhi
8.C.Rajalakshmi				..	Petitioners
Vs

1.The Secretary of Tamil Nadu
   Law Department, 
   Chennai 600 009.

2.The Director of Legal Studies
   Kilpauk, Chennai 600 010.			..	Respondents
   

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to grant selection grade in accordance with the G.O.Ms.No.90 Law Department [Education] dated 14.05.2008 for which the petitioners have made common representations dated 30.08.2011, 04.04.2014 and 17.09.2014 to the 1st respondent and to the 2nd respondent on 17.09.2014.

		For Petitioners	: Mr.S.Malaichamy
		For Respondents	: Mr.V.Subbiah, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal.

2 The petitioners would state that they were selected to the post of Lecturers [Senior scale] on contract basis and the petitioners 2, 3 6 and 7 were appointed on 21.08.1997 and petitioners 1, 4, 5 and 8 were appointed on 04.12.1998 and they also joined the services. The petitioners 1 to 5 are working at Dr.Ambedkar Law College ; 6th petitioner is working at Government Law College, Chengelpet ; 7th petitioner is working at Government Law College, Vellore and the 8th petitioner is working at Government Law College, Madurai. The petitioners would further state that the respondents have not taken any timely action to fill up the clear permanent sanctioned vacant posts of Lecturer [Senior Scale], now redesignated as Assistant Professor [Senior scale] in Government Law Colleges and from the year 1988 onwards, Lecturers were appointed only on contract basis with regular scales of pay. The petitioners have made very many representations praying for regularisation of their services for the reason that they have undergone the regular selection process. In this regard, WP.Nos.34923 to 34929/2003 and 23931/2003 were filed and thereafter, the Teachers Recruitment Board, pursuant to the orders passed by this Court, conducted interview and the services were regularised with effect from the date of issuance of G.O.Ms.No.170 Law [Education] Department dated 22.07.2008. One D.Purushothaman, who was aggrieved by he act of regularisation of service from the date of the Government Order, has approached this Court and filed WP.No.639/2012, which was dismissed and on appeal in Wa.No.429/2012, this Court has allowed the appeal on 16.10.2012 and the SLP in CC.No.7454/2013 filed before the Honourable Supreme Court of India has also been dismissed and his services were regularised from the date of his entry into service and since the petitioners are similarly placed, they have submitted representations and since no orders have been passed, they came forward to file this writ petition.

3 This Court heard the submissions of the learned counsel for the petitioners and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.

4 Though the petitioners have prayed for the larger relief, this Court, in the light of the facts and circumstances, directs the respondents 1 and 2 to consider and dispose of the petitioners' representations dated 30.08.2011, 04.04.2014, 04.04.2014, 17.09.2014 and 17.09.2014 respectively on merits and in accordance with law, after taking into consideration the regularisation from the date of entry given to the said D.Purushothaman and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5 The writ petition is disposed of accordingly. No costs.

29.10.2015 AP M.SATHYANARAYANAN, J., AP To

1.The Secretary of Tamil Nadu Law Department, Chennai 600 009.

2.The Director of Legal Studies Kilpauk, Chennai 600 010.

29.10.2015