Petitioner sought writ of mandamus to be appointed in Group 'C' or 'D' posts at Pondicherry University due to prior land acquisition for the University. The Court dismissed the petition, upholding the University's decision to close the land-affected job category.
Writ petition dismissed; liberty granted to workout remedy known to law.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.19641of 2019 and W.M.P.No.19168 of 2019
M.Anandhan ... Petitioner
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to absorb and appoint the petitioner based on the qualification of the petitioner either in Group 'C' or 'D' appropriate posts in the third respondent University/Pondicherry University in the existing and future vacancies in view of the lands acquired from the petitioners family for the establishment of Pondicherry University and also on considering the Minutes of the Meeting dated 18.05.1989 and 12.12.2017.
For Petitioners : Mr.R.Venkatesulu
For Respondents : Mr.S.S.Pajani Radja, CGSC for R1 Mr.A.V.Ramalingam, AGP for R2 Ms.N.Mala, Standing Counsel for R3 &4
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to absorb and appoint the petitioners based on the qualification of the petitioners either in Group 'C' or 'D' appropriate posts in the third respondent University/Pondicherry University in the existing and future vacancies in view of the lands acquired from the petitioners family for the establishment of Pondicherry University and also on considering the Minutes of the Meeting dated 18.05.1989 and 12.12.2017.
2.It is the case of the petitioner that his land was acquired by the Government of Pondicherry, Directorate of School Education, Central University, for establishment of the University in 780 acres. The petitioner's lands was acquired vide Award No.1/86 dated 28.02.1986 and allotted for the establishment of the Pondicherry University in Pillaichavady Revenue Village. On 18.05.1989 at 5.00p.m., a meeting was conducted and the minutes were recorded in the presence of the Hon'ble Chief Minister regarding provision for employment opportunity to the members of the families whose lands were acquired for the establishment of University at Pillaichavady, Kalapet, Pondicherry. In the minutes, the Hon'ble Chief Minister participated along with the Secretary, Revenue and Chief Secretary to the Government, wherein in Phase II it has been unanimously agreed to offer employment to the affected families in the University, particularly in Group 'C' and 'D' category to the extent that were available and in accordance with the requirements of basic educational qualification.
4.The learned counsel appearing for the petitioner would submit that though there is no scheme available for providing the employment in the Group 'C' and 'D' posts, however, the Hon'ble Chief Minister as well as Secretary conducted meeting in order to provide employment to the land losers in Group 'C' and 'D' posts in the University. After several representations made
by the petitioner, the University has directed the petitioner to apply for the specific post if any notification is made. However, till date the petitioner's grievance was not settled. He would further submit that as on date 782 posts are available in the University and the employment to the petitioner under land losers category was not considered. Hence, the learned counsel for the petitioner prayed this Court to direct the respondents to appoint the petitioner in Group 'C' or 'D' posts by allowing this Writ Petitions.
5.Mrs.N.Mala, learned Standing Counsel appearing for the respondent University would submit that as on date no scheme was framed to provide employment under Group 'C' and 'D' posts. She would produce the details prepared by the University, wherein, it is stated that the UGC stipulation for Teaching and NonTeaching posts is in the ratio of 1:1.1. But the Pondicherry University has exceeded this ratio and presently it is 1:1.5 – 1:1.6. Accordingly, the University has taken decision on land affected issues as this is an old issue, this cannot go on forever and so matter was treated as closed on 28.04.2018. Therefore, the request for job under Land Affected Category will not be entertained with effect from 28.04.2018 by the Pondicherry University. Therefore, learned Standing Counsel sought for the dismissal of this Writ Petition.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
kas
To
2 issues framed by the court
Whether the petitioner is entitled to be absorbed and appointed in Group 'C' or 'D' posts at Pondicherry University based on land acquisition and minutes of meeting.
Whether the University's decision to close the land-affected job category with effect from 28.04.2018 is legally sustainable.
1 provisions across 1 enactments
M. Anandhan
Union of India
Secretary to Government, Department of Revenue, Government of Pondicherry
Vice Chancellor, Pondicherry University
Registrar, Pondicherry University
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
