Tmt.V.Solachi v. The Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.10349 to 10353 of 2017 Tmt.V.Solachi ..

Petitioner in WP 10349 of 2017 Thiru.M.Mathivanan ..

Petitioner in WP 10350 of 2017 Tmt.SP.Mathi ..

Petitioner in WP 10351 of 2017 Tmt.C.Meenakshi ..

Petitioner in WP 10352 of 2017 Tmt.AL.Alamelu ..

Petitioner in WP 10353 of 2017 -vs1. The Director of Collegiate Education College Road Chennai 600 006

2. The Joint Director of Collegiate Education Madurai Region Madurai

3. The Secretary Sree Sevugan-Annamalai College Devakottai Sivagangai District ..Respondents in all the W.P's Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to accord approval of the appointment of the petitioners as Typist/Laboratory Assistant in the third respondent college with effect from 22.11.2007 instead of 12.06.2009 in the light of approval given to similarly placed non-teaching staff working in the Devankar Arts College in Mu.Mu.No.67939/G2/14 dated 29.05.2014 by considering the representation dated 13.06.2016.

For Petitioners :: Mr.P.Ganesan For Respondents :: Mr.P.Sanjay Gandhi Additional Government Pleader for R1 & 2

ORDER

It is stated by the learned counsel for the petitioners that all the petitioners were appointed as Typist/Laboratory Assistant on 22.11.2007 in the third respondent College within the sanctioned strength of non-teaching staff granted by the Director of Collegiate Education, Chennai in his proceedings bearing Na.Ka.No.17257/G2/2007 dated 15.5.2007. However, the first respondent, by proceedings bearing Na.Ka.No.26627/G3/20062 dated 7.1.2008, directed the Joint Director of Collegiate Education, Madurai Region, the second respondent herein not to approve the appointments until further orders from the first respondent. After some time, the first respondent again issued another proceedings bearing Na.Ka.No.17509/G3/2009 dated 13.7.2009 directing the second respondent to approve the post of the petitioners and all other colleges coming under the purview of the second respondent.

Therefore the claim of the petitioners is that when the first respondent has already directed the second respondent to grant approval of the appointments of the petitioners to the post, based on the proceedings of the first respondent, the second respondent has to approve the appointments of the petitioners with effect from 22.7.2007, instead of 12.6.2009, because in similar circumstances, one Ms.V.Priya, who was appointed on 19.12.2007 in Thevangur Arts College, Aruppukottai, was given the benefit of approval with effect from the date of her appointment by proceedings bearing Mu.Mu.No.67939/G2/14 dated 29.5.2014. Hence the petitioners have given a representation on 13.6.2016 to the first respondent through the second and third respondents, apart from the proposal sent by the third respondent college for approving their appointments with effect from 22.11.2007, and the second respondent has also forwarded the same to the first respondent with her recommendation. But till date, the first respondent has not considered the same. Therefore, a direction may be issued, he pleaded.

2. Mr.P.Sanjay Gandhi, learned Additional Government Pleader, taking notice on behalf of the respondents 1 & 2, sought eight weeks time to pass appropriate orders.

3. Since the third respondent had already sent the proposal to the second respondent and the second respondent has also forwarded the said proposal to the first respondent with her recommendation on 20.5.2016, there is no need to issue notice to the third respondent. Therefore, the first respondent is hereby directed to consider the proposal forwarded by the third respondent seeking approval of the appointments of the petitioners as Typist/Laboratory Assistant with effect from their date of appointment on 22.11.2007, in the light of the recommendation made by the second respondent on 20.5.2016, and pass appropriate orders within a period of six weeks from the

date of receipt of a copy of this order. The writ petitions are disposed of accordingly. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ss To

1. The Director of Collegiate Education College Road Chennai 600 006

2. The Joint Director of Collegiate Education Madurai Region Madurai +5cc to Mr.P. Ganeson, Advocate Sr. 24869 +1cc to the Government Pleader Sr. 25338 W.P.Nos.10349 to 10353 of 2017 KS(CO) VR(9/5/2017)