S JAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order dated 26.7.2007 passed by the second respondent insofar as it denies the petitioner's right of regularisation of service as Lecturer in Botony with effect from 19.9.2003 and direct the second respondent to regularise the petitioner's service with effect from 19.9.2003 to 30.7.2007 with all monetary benefits.

(2.) THE case of the petitioner is that he has passed M.Sc. Botony and M.Phil degrees from Manonmaniam Sundaranar University, Tirunelveli, and he was appointed as Lecturer in the Department of Botony in the 4th respondent Aided Minority College with effect from 19.9.2003 in the vacancy that arose due to the retirement of one N.Stephen Julius on 17.9.2003. THE petitioner joined duty on 19.9.2003. THE sanctioned posts in the Department of Botony in the 4th respondent aided college was six as per the staff fixation order passed by the second respondent dated 18.5.2000. THEre was no reduction of student strength as well as the norms for the sanction of post i.e., workload. THErefore, the said staff strength remains as such all these years.

(3.) THE writ petition was admitted on 19.10.2009 and notice was served on the respondents on 5.11.2009, 30.10.2009, 3.11.2009 and 10.11.2009 respectively. However, no counter affidavit is filed by the respondents 1 to 3 to contravert the contentions raised in the affidavit filed in support of the writ petition.