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Madras High CourtWP/12578/2011closed

R.Sophia, v. The State Of Tamilnadu,

2018-03-27Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.Nos.12578 & 14622 of 2011 & M.P.No.2 of 2011 & 1 of 2012 R.Sophia ... Petitioner in both WPs Vs

1. The State of Tamilnadu, Rep. by its Secretary, Department of Higher Education, Omandharar Estate, Chennai-600 002.

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

3. The Joint Director of Collegiate Education, Chennai Region, College Road, Chennai-600 006.

4. The Tamil Nadu Teachers Education University Rep. by its Registrar, Lady Willingdon College Campus, Kamarajar Salai, Chennai-600 005.

5. Meston College of Education, Rep. by its Secretary, No.10/33, West Cott Road, Royapettah, Chennai-600 014.

... Respondents in both WPs PRAYER in W.P.No.12578 of 2011 : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to impugned advertisement issued by the 5th respondent Meston College of Education in the English daily "The Hindu" dated 08.05.2011 calling for applications from candidates aspiring for the post of Librarian, quash the same.

PRAYER in W.P.No.14622 of 2011 : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 2nd respondent Director in Na.ka.No.18821/G3/2006 dated 19.03.2010 and the consequent

proceedings of the 3rd respondent Joint Director in Na.Ka.No.09112/AA-1/2010 dated 15.11.2010, quash the same and further direct the 2nd and 3rd respondents herein to give approval of the petitioner as Librarian in the 5th respondent college with effect from 04.09.2006 and disburse the grant-in-aid towards salary and allowances with effect from the said date with all attendant benefits.

For Petitioner : Mr.P.Godson Swaminath (in both Wps) For Respondents : Mrs.P.Kavitha (in both Wps) Govt. Advocate for R1 to 3 Mr.U.Venkatesan for R4 Mr.C.Baboo Joseph for R5 COMMON ORDER Since both the Writ Petitions raised common grounds and issues, they are taken up together for common disposal.

2. It is represented by the learned Government Advocate appearing for the respondents 1 to 3 that in pursuance of the proceedings in Na.Ka.No.24905/G1/2011 dated .08.2013, of the Directorate of Collegiate Education, the approval has been granted for appointment of the petitioner as Librarian from the date of her original appointment dated 15.09.2006 and her salary was also regularized. Since the prayer of the petitioner has been accepted and the action of the Directorate of Collegiate Education, is in her favour and therefore, she requested this Court to close these writ petitions as the issues raised in these writ petitions do not survive for consideration anymore.

3. At this, the learned counsel for the petitioner would submit that there are certain benefits which were not paid to the petitioner on such approval having been granted to the petitioner's appointment as Librarian from the date of her original appointment. If that is the case, it is open to the petitioner to workout her remedy in the manner known to law as she may be advised.

4. Therefore, recording the above submission made by the learned counsel for the official respondent, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar

To 1.The Secretary, The State of Tamilnadu, Department of Higher Education, Omandharar Estate, Chennai-600 002.

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

3. The Joint Director of Collegiate Education, Chennai Region, College Road, Chennai-600 006.

4. The Registrar, The Tamil Nadu Teachers Education University Lady Willingdon College Campus, Kamarajar Salai, Chennai-600 005.

5.The Secretary, Meston College of Education, No.10/33, West Cott Road, Royapettah, Chennai-600 014.

+ 1 cc to Mr.P.Godson Swaminath Advocate,SR.23253 + 1 cc to Mr.U.Venkatesan Advocate,SR.23207 + 2 cc to Mr.C.Baboo Joseph Advocate,SR.23854 + 1 cc to The Govt.Pleader, SR.23939 W.P.Nos.12578 & 14622 of 2011 rr(co) nr 25/04/2018