P.Nirmala Devi v. Management, S.J.S.Degree College For Women

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.15110 OF 2000

ORDER

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the 1st respondent in terminating the services of the petitioner on 22.01.2000 without following due process of law and inaction of the 2nd respondent in not taking any steps against the 1st respondent pursuant to the petitioner's complaint dated 17.06.2000 as arbitrary and illegal.

Heard learned counsel appearing for the petitioner, learned Government Pleader for Higher Education appearing for respondents 2 and 3 and Sri P.V.S.S.S.Rama Rao, learned Standing Counsel appearing for the 1st respondent. It is the case of the petitioner that she was appointed as a Lecturer in Chemistry in the 1st respondent-College and while working as such, the 1st respondent has terminated her services on 22.01.2000 without following due process of law. The petitioner contends that she had put in 16 years of service by the time she was terminated from services. Complaining the highhanded action of the 1st respondent, the petitioner submitted a representation to the 2nd respondent, who is the competent authority on 17.6.2000, to intervene and do justice and direct the 1st respondent to reinstate her into service. But,

no action has been taken thereon. Challenging the inaction on the part of the 2nd respondent, the present writ petition is filed. Learned Government Pleader appearing for the 2nd respondent contended that the so called representation submitted by the petitioner on 17.6.2000 is not received by the 2nd respondent and hence, the question of not taking any action on the complaint submitted by the petitioner does not arise at all.

Be that as it may, this Court is of the considered view that ends of justice would be met if the writ petition is disposed of directing the 2nd respondent to treat the representation dated 17.6.2000, which is annexed to this writ petition, as a fresh representation, cause enquiry into the matter and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order, in accordance with law.

Accordingly, the Writ Petition is disposed of directing the 2nd respondent to treat the representation submitted by the petitioner on 17.6.2000, which is annexed to this writ petition, as a fresh representation, cause enquiry into the matter and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order, in accordance with law. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 17th August, 2018 rkk