IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 9.2.2010
CORAM:-
The Hon'ble Mr. Justice R. SUDHAKAR
Writ Petition No.38000 of 2006
G.Shanmugam. ... Applicant
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
Original Application No.10692 was filed before the Tamil Nadu Administrative Tribunal praying to issue a Writ of Mandamus, directing the respondents to prefer the applicant 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.A. was received by transfer and numbered as Writ Petition.
For Petitioner : Mr.R.Singaravelan
For Respondents : Mr.S.Sivashanmugam
Government Advocate
-----
O R D E R
Original Application No.10692 was filed before the Tamil Nadu Administrative Tribunal praying to issue a Writ of Mandamus, directing the respondents to prefer the applicant 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.A. was received by transfer and numbered as Writ Petition.
2. This petition arises on a common issue, viz., the applicant/petitioner who was working as Lab Assistant a diploma holder 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 Petition is squarely covered by the same. Accordingly, the writ petition is ordered with liberty to give representation as above. No costs.
9.2.2010
Index: No
Internet: Yes
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.
R. SUDHAKAR,J.,
ts
Order
W.P.Nos.38000 of 2006
9.2.2010