Dr.Rohini Thilakavathy Thomas v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2017
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA W.P.No.8005 of 2017 Dr.Rohini Thilakavathy Thomas ... Petitioner Vs
1. The Government of Tamil Nadu, Rep. By its Secretary, Higher Education Department, Fort St. George, Chennai - 9.
2. The Director of Collegiate Education, College Road, Chennai - 6.
3. The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli - 627 007.
4. The Secretary / Correspondent, Nesamony Memorial Christian College, Marthandam, Kanyakumari District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records on the file of the first respondent order bearing Letter (1D) No.279, dated 04.12.2008, and the consequential order passed by the second respondent bearing Na.Ka.No.2632/F2/2017, dated 20.03.2017 and consequently direct the respondents to reconsider in the light of approval given by the first respondent in Government Order (1D) No.125, dated 13.04.2010 based on Supreme Court Order in SLP (Civil) CC Nos.3969 and 3970 of 2010, dated 22.03.2010 and also the second respondent given approval to the similarly placed persons like Mr.D.Arul Dhas, Tmt.J.Premakumari, Tmt.J.Renuka Rathanavathi, in the proceedings Na.Ka.No.33733/F2/2005, dated 01.09.2014, and Mr.D.Deva Sampath and Mr.G.Isac Arul Dhas, whose appointments were approved by the second respondent in his proceedings in Na.Ka.No.19837/F2/2007, dated 14.03.2014 based on the orders passed in W.P.No.17368 of 2005, dated 29.06.2005, W.A.Nos.140 of
2000, 811 of 2006 and 805 of 2007, common order dated 21.10.2010 and by the Supreme Court order in SLP.Nos.19526 to 19528 of 2013, dated 29.11.2013 based on the Review Petition pending before the respondents 1 and 2 dated 24.03.2017 and to grant monetary benefits to the petitioner with effect from 19.09.1991 to 29.10.1999 to approve and regularize the appointment of the petitioner as Assistant Professor in English in the fourth respondent Nesamony Memorial Christian College, Marthandam, in the sanctioned permanent retirement vacancy and all other benefits for the said period.
For petitioner : Mr.C.Selvaraj, Senior Counsel for M/s.C.S.Associates For R1 to R3 : Mr.K.Venkataramani, AAG Assist. By Mr.P.Sanjay Gandhi, Additional Government Pleader For R4 : Mr.S.Bharathirajan
O R D E R
Though a larger prayer was made to quash the impugned letters dated 04.12.2008 and 20.03.2017 of the respondents 1 and 2 respectively, when the matter is taken up, learned Senior counsel for the petitioner, by limiting his prayer, sought for a direction to the respondents to consider the pending review petition dated 24.03.2017 of the petitioner.
2. Considering the limited prayer of the petitioner, this Court, without going into the merits of the matter, directs the respondents 1 and 2 to consider and pass appropriate orders on the pending review petition dated 24.03.2017 of the petitioner on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With this direction, the writ petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rkm
To
1. The Secretary, Higher Education Department, Fort St. George, Chennai - 9.
2. The Director of Collegiate Education, College Road, Chennai - 6.
3. The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli - 627 007.
+1cc to Mr.S.Bharathirajan, Advocate, S.R.No.26243 +1cc to M/s.C.S.Associates, Advocate, S.R.No.26238 +1cc to the Government Pleader, S.R.No.36515 W.P.No.8005 of 2017 CA(CO) CA(03/05/2017)