Madras High Court
Albert Davidson vs The State Of Tamilnadu on 5 February, 2010
Author: R. Sudhakar
Bench: R. Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 5.2.2010
CORAM:-
The Hon'ble Mr. Justice R. SUDHAKAR
Writ Petition Nos.33724, 33727, 33986, 33996, 34011, 34223, 34224 and 34225 of 2006
Albert Davidson ... Applicant in W.P.No.33724 of 2006
S.Darmalingam ... Applicant in W.P.No.33727 of 2006
G.Balasubramanian ... Applicant in W.P.No.33986 of 2006
M.Krishnan ... Applicant in W.P.No.33996 of 2006
M.Balaiyan ... Applicant in W.P.No.34011 of 2006
P.Selvam ... Applicant in W.P.No.34223 of 2006
S.Durai ... Applicant in W.P.No.34224 of 2006
V.Balakrishnan ... Applicant in W.P.No.34225 of 2006
Vs
1.The State of Tamilnadu,
represented by the Secretary to Government,
Higher Education Department,
Secretariat,
Chennai-600 009.
2.The Director of Technical Education,
Chennai 600 025. ... Respondents in all the W.Ps.
Original Application Nos.9809, 9806, 9875, 9867, 9870, 10018, 10019 and 10020 of 1998 were filed before the Tamil Nadu Administrative Tribunal praying to issue a Writ of Mandamus, directing the respondents to prefer the applicants to the post of Instructor, either part time or full time till the applicants working for nearly a decade is promoted to the category of Instructor with effect from the date of appointment given to the fresh candidates with all monetary and service benefits or any other appropriate relief. Since the Tamil Nadu Administrative Tribunal was abolished, the O.As. were received by transfer and numbered as Writ Petitions.
For Petitioner
in all W.Ps. : Mr.R.Singaravelan
For Respondents
in all W.Ps. : Mr.B.Vijay
Government Advocate
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COMMON ORDER
All the eight Original Application Nos.9809, 9806, 9875, 9867, 9870, 10018, 10019 and 10020 of 1998 were filed before the Tamil Nadu Administrative Tribunal praying to issue a Writ of Mandamus, directing the respondents to prefer the applicants to the post of Instructor, either part time or full time till the applicants working for nearly a decade is promoted to the category of Instructor with effect from the date of appointment given to the fresh candidates with all monetary and service benefits or any other appropriate relief. Since the Tamil Nadu Administrative Tribunal was abolished, the O.As. were received by transfer and numbered as Writ Petitions.
2. All the above 8 petitions arise on a common issue, viz., the applicants/petitioners who were working as diploma and technical holders subsequently obtained a Bachelor of Engineering Degree seeks the relief of appointment to the post of Instructor.
3. Similar cases were decided by this Court in a batch of Writ Petition Nos.34978 to 34982 of 2006 on 3.2.2010. Para 3 and 4 of the decision reads as follows:-
"3. In similar circumstances, a batch of Original Applications in O.A.Nos.2044 to 2050 of 1993 and O.A.No.2244 of 1993 were filed before the Administrative Tribunal by other persons, of the similar category, and the Tribunal by order dated 23.4.1993 directed the Government of Tamil Nadu, Secretary to Government(Education Department) to consider the representation of the applicants therein and to obtain orders from the Government before proceeding with the regularisation of the contract lecturers or direct recruits. The petitioners in the present cases also seek similar relief stating that their claim to the post of lecturer should be considered based on the representation to be made in the same lines as above.
4. The petitioners in this case have approached the Tribunal directly without approaching the Government for the said relief. In view of the order of the Tribunal, which has been referred to above, the petitioner in each case is granted liberty to make a representation to the first respondent/ Government to consider their claim for promotion to the post of lecturer and for further relief as may be applicable, within a period of three weeks from the date of receipt of a copy of this order and such representations shall be considered by the Government keeping in view the order of the Tribunal referred to above. The said representations shall be disposed off within a reasonable time preferably within a period of three months thereafter. All the writ petitions are disposed off accordingly. No costs.
4. The present Writ Petitions are squarely covered by the same. Accordingly, all the 8 writ petitions are ordered with liberty to give representation as above. No costs.
ts To
1.The State of Tamilnadu, represented by the Secretary to Government, Higher Education Department, Secretariat, Chennai-600 009.
2.The Director of Technical Education, Chennai 600 025