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2021 Supreme(Mad) 2701

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. PARTHIBAN, J.
S. Joseph Eronimus, Record Clerk, Dr.Ambedkar Law College, Pudupakkam, Chengalpattu - Appellant
Versus
The Director of Legal Studies, Lumbini Square, Kilpauk, Chennai - Respondent
W.P. No. 13510 of 2020
Decided On : 01-12-2021

Advocates Appeared:
For the Appellant :M. Joseph Thatheus Jerome, Advocate.
For the Respondents: V. Veluchamy, Addl.G.P.

Headnote:

Constitution of India, 1950 - Article 226 - Petitioner has filed above Writ Petition praying for issuance of a Writ of Mandamus to direct respondent, viz., Director of Legal Studies, to pass orders, regarding service benefits, in accordance with law as sought for by petitioner through representation, seeking early disposal on merits of petitioner's claim for refixation arrears of pay and emoluments, regularization of service by entering educational qualification, and notionally fixing seniority as per initial date of appointment as Office Assistant and consequently seniority in Record Clerk category, for being considered for promotion in the existing vacancies as Junior Assistant and transfer, in accordance with law, within such time as Court may order - Writ Petition disposed of.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent, viz., the Director of Legal Studies, to pass orders, regarding the service benefits in accordance with law as sought for by the petitioner through the representation, dated 28.08.2020, seeking early disposal on merits of the petitioner's claim for re-fixation arrears of pay and emoluments, regularization of service by entering the educational qualification and notionally fixing the seniority as per the initial date of appointment as Office Assistant (i.e.) 29.08.2006 and consequently the seniority in the Record Clerk category, for being considered for promotion in the existing vacancies as Junior Assistant and transfer to Tiruchirapalli, in accordance with law, within such time as this Court may order.)

1. The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent, viz., the Director of Legal Studies, to pass orders, regarding the service benefits, in accordance with law as sought for by the petitioner through the representation, dated 28.08.2020, seeking early disposal on merits of the petitioner's claim for refixation arrears of pay and emoluments, regularization of service by entering the educational qualification, and notionally fixing the seniority as per the initial date of appointment as Office Assistant (i.e.) 29.08.2006 and consequently the seniority in the Record Clerk category, for being considered for promotion in the existing vacancies as Junior Assistant and transfer to Tiruchirapalli, in accordance with law, within such time as this Court may order.

2. The case of the petitioner is that he was appointed on 08.07.1991 as Compiler on contract basis with consolidated salary. Many persons who were appointed on contract basis, were subsequently discharged from service. Thereafter, some litigations were filed and eventually, the petitioner came to be appointed as Office Assistant in Government Law College, Tiruchirapalli, on 29.08.2006.

3. The petitioner appeared to have also obtained permission for obtaining a Degree in Economics in the Tamil Nadu Open University in the year 2010. According to him, additional qualification acquired by him, had not been entered in the Service Register as on date. According to him, he was not favoured with any promotion to the next category, namely Record Clerk and in that regard, he had also submitted a representation on 17.02.2010 and also on 27.07.2012 to the first respondent. In the meanwhile, he has also been transferred from the Government Law College, Thiruchirapalli to the Government Law College, Chengalpattu on 13.11.2014 on administrative grounds. According to the petitioner, there is a permanent vacancy in Tiruchirapalli Government Law College itself, for the post of Record Clerk. A further representation also appeared to have been submitted to the first respondent, requesting for promotion in that vacancy on 20.01.2017. The petitioner, along with the request for promotion, has also sought for certain benefits that are payable to him, which have not been paid.

4. The grievance of the petitioner is that he has been singularly discriminated against grant of service benefits and promotion, though several persons appointed after him or along with him, had been favoured with career promotion and other service benefits. The petitioner has finally submitted an appeal/representation to the first respondent on 28.08.2020 referring to his earlier representations and seeking various benefits that are admissible to him as per his entitlement. However, the said appeal/representation, having not been disposed of yet, he has come up before this Court by way of the present Writ Petition for the relief stated supra.

5. The learned counsel for the petitioner submitted that the said appeal/representation, addressed to the first respondent, is pending as on date, and the petiti

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