Mr.S.Daniel David Annaraj v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2017
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA W.P.Nos.10147, 10149, 10151 and 10153 of 2016 Mr.S.Daniel David Annaraj .. Petitioner in W.P.No.10147/17 Dr.J.Winfred Jebaraj .. Petitioner in W.P.No.10149/17 Mr.J.Jebaraj Kingsly Zechariah.. Petitioner in W.P.No.10151/17 Mr.U.Kethrapal .. Petitioner in W.P.No.10153/17 -vs1.The State of Tamil Nadu, Rep. By its Secretary, Department of Higher Education, Fort St. George, Chennai - 9.
2.Director of Collegiate Education, College Road, Chennai - 6.
3.Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.
4.The Secretary, St. John's College, Palayamkottai - 627 002.
.. Respondents in all the WPs.
Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents 1 to 3 to approve the appointment of the petitioners in the post of Commerce, Chemistry, English and English, respectively, from the date of initial appointment dated 17.03.2014, 21.03.2014, 18.03.2014 and 02.07.2014, respectively, in a sanctioned post as per Rule 11(1) of the Tamil nadu Private College (Regulation) Rules, 1976, as per G.O.Ms.No.79, Higher Education Department, dated 28.05.2012, of the first respondent and to consequently direct the respondents 1 to 4 to grant all benefits both service and monetary thereto on the basis of the second respondent's proceedings made in Na.Ka.No.21663/G3/2011, dated 13.11.2015.
For petitioner : Mr.L.Chandrakumar for M/s.E.Martin Jayakumar For R1 to R3 : Mr.M.Elumalai, GA For R4 : Mr.G.SamedwinRai COMMON ORDER By way of filing these writ petitions, the petitioners seek a direction to the respondents 1 to 3 to approve them in the post of Commerce, Chemistry and English, respectively, from the date of their respective initial appointment in a sanctioned post as per Rule 11(1) of the Tamil nadu Private College (Regulation) Rules, 1976, as per G.O.Ms.No.79, Higher Education Department, dated 28.05.2012, of the first respondent, with a further direction to the respondents 1 to 4 to grant all the benefits both service and monetary thereto on the basis of the second respondent's proceedings made in Na.Ka.No.21663/G3/2011, dated 13.11.2015.
2. At the time admission, this Court, while issuing notice to the respondents, by order dated 18.03.2016, has granted interim direction directing the third respondent to pay the salary to the petitioners till the disposal of the writ petitions. Aggrieved by non-compliance of the aforesaid interim order, the petitioners have filed Contempt Petition Nos.655 to 658 of 2017 seeking to punish the contemnors/respondents for their willful disobedience.
3. When the matter is taken up on 16.06.2017, during the contempt proceedings, while reporting compliance, learned Government Advocate for the respondents as well as the learned counsel for the petitioner, by producing a copy of the proceedings dated 15.06.2017 of the second respondent addressed to the third respondent, jointly submitted that the main prayer made by the petitioners in the writ petitions itself has been considered in the said proceedings.
4. Recording the above said submissions, since the main prayer made in the writ petitions itself has been considered by the respondents, the writ petitions are closed as no further adjudication is necessary. No Costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To 1.The Secretary, Department of Higher Education, Fort St. George, Chennai - 9.
2.Director of Collegiate Education, College Road, Chennai - 6.
3.Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.
4.The Secretary, St. John's College, Palayamkottai - 627 002.
W.P.Nos.10147, 10149, 10151 and 10153 of 2016 pvs(co) ss(7/7/2017)