Dr.D.Asokan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2017

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1239 of 2017 and C.M.P.No.17214 of 2017 Dr.D.Asokan ...

Appellant/1st Respondent -vs1.The Secretary, Higher Education Department, Secretariat, Chennai-600 009.

2.The Director of College Education, Office of the Director of Collegiate Education, Chennai-600 006.

3.The Annamalai University, rep.by its Registrar, Annamalai Nagar-608 002, Cuddalore District.

... Respondents/Respondents 2 & 3/ Petitioner Appeal filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.M.P.No.25363 of 2017 in W.P.No.13429 of 2017 dated 06.09.2017.

Prayer in WP.No.13429/17:Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating (1) proceeding of the 2nd respondent in Na.Ka.No.28557/D5/2016 dated 12.05.2017 so far as petitioner alone is concern in respect of including petitioner in list of surplus teaching staff in the department of Tamil and

(2) University order No.662/2017(c) dated 15.05.2017 issued by the 3rd respondent and quash the same consequently issue direction to respondents to identify the surplus Assistant professors based on the sanctioned strength of the University in Department of Tamil considering workload prevailing in department of Tamil Studies and Research by obtaining the report from the Academic Council faculty and Board of Studies . WP.No.25363/17:To Vacate the interim under granted in WMP.No.14474/17 in WP.No.13429 dated 2515/17 and dismiss the

Writ petition, with costs in WMP 25363/17 pending disposal of this WP.13429/17.

For Appellant ::

Mr.T.Gowthaman for Mr.T.Dharani For Respondents ::

Mr.P.S.Sivashanmugasundaram, Spl.GP for R1 and R2 Mr.P.Godson Swaminath for M/s.Isaac Chambers for R3

JUDGMENT

(Judgment of the Court was delivered by RMT.TEEKAA RAMAN, J.) This writ appeal has been filed against the interim order passed by this Court in W.M.P.No.25363 of 2017 in W.P.No.13429 of 2017 dated 06.09.2017.

2.The matter relates to deputation of the appellant to the Government Arts College for Women, Kumbakonam. 3.After arguing the matter for some time, the learned counsel for the appellant pleaded that the appellant may be permitted to join in the place where he was deputed, ie., Government Arts College for Women, Kumbakonam, with liberty to agitate all the contentions raised by the appellant before the writ Court in W.P.No.13429 of 2017.

4.Recording the above submission made by the learned counsel for the appellant, without expressing any opinion on the contentions raised by the appellant in this writ appeal, the appellant is permitted to join the Government Arts College for Women, Kumbakonam, the place where he was deputed, on or before 01.11.2017. The appellant is also permitted to put forth all his contentions before the writ Court in W.P.No.13429 of 2017. 5.With the above observation, the writ appeal is disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar km

To 1.The Secretary to Government, Government of Tamil Nadu, Higher Education Department, Secretariat, Chennai-600 009.

2.The Director of Collegiate Education, Office of the Director of College Education, Chennai-600 006.

3.The Registrar, The Annamalai University, Annamalai Nagar-608 002, Cuddalore District.

+1cc to Mr.Issac Chambers, Advocate, S.R.No.74059 +1cc to Mr.T.Dharani, Advocate, S.R.No.73950 +1cc to the Government Pleader, S.R.No.74412 W.A.No.1239 of 2017 and C.M.P.No.17214 of 2017 SKV(CO) GN(17/11/2017)