A.Ganesan v. The Director Of Collegiate Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Ganesan .. Petitioner Vs.

1.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

2.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai.

3.The Secretary, Sentamizh Oriental College, Madurai Tamil Sangam, No.54, Tamil Sangam Salai, Madurai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to strictly implement and comply with the orders passed by the 1st respondent made in Na.Ka.No.43049/G2/2021 dated 30.12.2021.

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For Petitioner :

Mr.E.Martin Jaya Kumar for Ms.Selvi George For RR 1 & 2 :

Mr.K.Surendran Additional Government Pleader For R3 :

No appearance

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the 3rd respondent to strictly implement the order passed by the 1st respondent through proceedings dated 30.12.2021. 2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 & 2. The 3rd respondent has been served with notice and the name is also been printed in the cause list. There is no appearance either in person or through counsel.

3.The case of the petitioner is that he was appointed as a Junior Assistant in the 3rd respondent College in the year 2010. While so, he was placed under suspension in the year 2015 on the ground of unauthorized absence. Thereafter, the petitioner was terminated from service through proceedings dated 02.06.2016. 2/5

4.The petitioner filed an appeal before the 1st respondent under section 20 of the Tamil Nadu Private Colleges (Regulation) Act, 1976. The 1st respondent through an order dated 30.12.2021, allowed the appeal and directed the petitioner to be reinstated into service. 5.The grievance of the petitioner is that inspite of the order passed by the 1st respondent on 30.12.2021, the petitioner is not permitted to rejoin the duty in the 3rd respondent College. It is under these circumstances, the present writ petition came to be filed before this Court.

6.In the considered view of this Court, once the 1st respondent has interfered with the punishment and directed reinstatement of the petitioner through proceedings dated 30.12.2021, the 3rd respondent was bound to comply with the said order.

7.The learned counsel for the petitioner submitted that the petitioner reached the age of superannuation on 31.05.2024. In the light of this development, there shall be a direction to the 2nd respondent to ensure that the petitioner gets all the attendant benefits from the 3rd 3/5

respondent College pursuant to the order passed by the 1st respondent through proceedings dated 30.12.2021. The benefit shall be settled in favour of the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

8.In the result, this Writ Petition is disposed of with the above directions. No costs.

22.10.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

2.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai.

3.The Secretary, Sentamizh Oriental College, Madurai Tamil Sangam, No.54, Tamil Sangam Salai, Madurai.

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N.ANAND VENKATESH, J.

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