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Madras High Court

K.Pazhanisamy vs The Principal Secretary To Government on 14 June, 2017

Author: T.Raja

Bench: T.Raja

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED  :  14.06.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA

W.P.No.14853 of 2017 

K.Pazhanisamy				..	Petitioner 

          -vs-

1. The Principal Secretary to Government
    Higher Education Department
    Government of Tamil Nadu
    Fort St.George
    Chennai 600 009

2. The State Commissioner
    Commissionerate for the Welfare of 
      the Differently Abled
    Jawaharlal Nehru Inner Ring Road
    K.K.Nagar, Chennai 600 078	

3. The Registrar
    Anna University
    Guindy, Chennai 600 025		..	Respondents 

	Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 16.5.2017 and 25.5.2017 sent to the respondents for regularisation of the petitioner's service.

		For Petitioner	::      Mr.R.Prabudoss

		For Respondents	::      Mr.P.Sanjay Gandhi
				        Additional Government Pleader 
					for R1
				        Mr.M.Dig Vijaya Pandian
				        Additional Government Pleader
					for R2
				        Mr.M.Vijayakumar for R3

ORDER

The petitioner is employed as a Teaching Fellow in the Department of Computer Science and Engineering at the University College of Engineering, Villupuram under the control of the Anna University from 7.7.2010 till now on a consolidated pay. Since the tenure of the petitioner's appointment has been periodically extended, the last of which is from 12.4.2017 to 30.6.2017, the claim of the petitioner is that when he is a physically disabled person, he is entitled to get the benefit of paragraph-2 of G.O.Ms.No.151, Social Welfare and Nutritious Meal Scheme Department dated 16.10.2008, which is given as under:-

2. Kjd;ik brayhsh; - CdKw;nwhUf;fhd khepy Mizahpd; fUj;JUit ftdkhfg; ghprPypj;j gpd;dh; jkpHf murpd; gy;ntW Jiwfspy; ,uz;lhz;LfSf;F nky; bjhFg;g{jpaj;jpd;fPH; gzpahw;wp tUk; CdKw;nwhUf;F fhyKiw Cjpak; tH';f muR MizapLfpwJ/ Therefore, he has given a representation on 16.5.2017 followed by another representation dated 25.5.2017. Hence, in the light of the aforementioned Government Order, the learned counsel for the petitioner sought for early disposal of his representations.

2. Mr.P.Sanjay Gandhi, learned Additional Government Pleader for the first respondent, Mr.M.Dig Vijaya Pandian, learned Additional Government Pleader for the second respondent and Mr.M.Vijayakamar, learned counsel for the third respondent jointly submitted that sufficient time may be granted for consideration of the petitioner's representations.

3. Recording their statement, this Court hereby directs the third respondent to consider the pending representations of the petitioner on merit and pass appropriate orders in accordance with law, bearing in mind paragraph-2 of G.O.Ms.No.151, Social Welfare and Nutritious Meal Scheme Department dated 16.10.2008, within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.

Speaking/Non speaking order			       14.06.2017

Index  : yes/no

ss


To

1. The Principal Secretary to Government
    Higher Education Department
    Government of Tamil Nadu
    Fort St.George
    Chennai 600 009

2. The State Commissioner
    Commissionerate for the Welfare of 
      the Differently Abled
    Jawaharlal Nehru Inner Ring Road
    K.K.Nagar, Chennai 600 078	

3. The Registrar
    Anna University
    Guindy, Chennai 600 025
T.RAJA, J.

ss









W.P.No.14853 of 2017








14.06.2017

http://www.judis.nic.in