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Madras High Court

Dr.K.Gokulakrishnan vs The State Of Tamil Nadu on 13 December, 2022

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                          W.P.(MD).No.4918 of 2020


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 13.12.2022

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                             W.P.(MD)No.4918 of 2020
                                                       and
                                     W.M.P.(MD).Nos.4283, 4285 and 4287 of 2020

                     Dr.K.Gokulakrishnan                                        ... Petitioner

                                                           vs.
                     1.The State of Tamil Nadu
                       represented by the Principal Secretary,
                       Higher Education (11) Department,
                       Fort St. George,
                       Chennai 600 009.

                     2.The Registrar,
                       Anna University,
                       Sardar Patel Road,
                       Chennai 600 025.
                                                                              ... Respondents

                     PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                     India for issuance of a Writ of Certiorarified Mandamus, to call for the
                     records pertaining to the impugned order in G.O.(Rt)No.91 Higher
                     Education (I1) Department dated 14.7.2017 on the file of the respondent
                     No.1 and quash the same as illegal in for as classification of Excess 23
                     teaching staff in serial No.3 and consequently directing the respondent

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https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD).No.4918 of 2020


                     No.1 to bring the petitioner under the category 'Proper Appointment' and
                     consequently direct the respondents to pay the salary to the petitioner on
                     par with the other regularized Assistant Professors, who were appointed
                     in the very same date as that of petitioner and provide the benefits such
                     as Annual Increment, Ph.D., Increment, Career Advancement Scheme
                     Promotion and all other consequential benefits within the time frame
                     stipulated by this Court.


                                        For Petitioner    : Mr.T.Lajapathi Roy
                                        For R1            : Mr.S.Shaji Bino
                                                           Special Government Pleader
                                        For R2            : Mr.E.V.N.Siva
                                                           Standing counsel



                                                         ORDER

This Writ Petition has been filed challenging the impugned order passed by the first respondent, dated 14.7.2017 and to quash the same and consequently direct the first respondent to bring the petitioner under the category 'Proper Appointment' and direct the respondents to pay the salary to the petitioner on par with the other regularized Assistant Professors, who were appointed in the very same date as that of 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.4918 of 2020 petitioner and to provide the benefits such as Annual Increment, Ph.D., Increment, Career Advancement Scheme Promotion and all other consequential benefits.

2. The learned Standing counsel appearing for the respondent University would submit that during the pendency of the writ petition, the petitioner was absorbed as Assistant Professor, Department of Electronics and Communication Engineering, Regional Campus, Tirunelveli with effect from 01.08.2012 (F.N.), vide order dated 16.11.2022.

3. In view of the above, no further order is necessary in this writ petition. Hence, this Writ Petition is closed with liberty to the petitioner to make a fresh representation for receiving the monetary benefits. No costs. Consequently, the connected Miscellaneous Petitions are closed.

13.12.2022 akv 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.4918 of 2020 To

1.The Principal Secretary, State of Tamil Nadu, Higher Education (11) Department, Fort St. George, Chennai 600 009.

2.The Registrar, Anna University, Sardar Patel Road, Chennai 600 025.

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https://www.mhc.tn.gov.in/judis W.P.(MD).No.4918 of 2020 M.DHANDAPANI,J.

akv W.P.(MD)No.4918 of 2020 13.12.2022 5/5 https://www.mhc.tn.gov.in/judis