Dr.T.F.Abbs Fen Reji v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.NO.4988 of 2020 Dr. T.F.Abbs Fen Reji ... Petitioner -Vs1. The State of Tamilnadu Rep. by its Secretary Higher Education Department Secretariat, Fort St. George Chennai 600 009

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

3. The Joint Director of Collegiate Education Thirunelveli Region Thirunelveli

4. The Correspondent - Secretary Nesamony Memorial Christian College Marthandam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to grant monetary benefits for the petitioner's appointment as Assistant Professor in Chemistry in the fourth respondent college, in the sanctioned retirement vacancy of Mr.K. Sathya Sivasankaran with effect from 03.01.2003 to 29.07.2007 based on the approval given by the respondents to the similarly placed persons in Na.Ka.No.33733/F2/2005 dated 01.09.2014 in W.P. No.17368 of 2005 dated 29.06.2005, in W.A.Nos., 140, 811 of 2006 and 809 of 2007, and in SLP Nos.19526 to 19528 of 2013 based on the representation dated 29.11.2019 given by the petitioner.

For Petitioner : Mr.C.R.Rose Radhi Jijo For Respondents : Mr. S.N. ParthasarathiAkhil Akbar Ali Government Advocate.

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ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents 1 to 3 to grant monetary benefits for the petitioner, whose appointment was approved in the post of Assistant Professor in Chemistry in the fourth respondent college.

2. The grievance of the petitioner is that the appointment of the petitioner from 03.01.2003 to 29.07.2007 was approved by the proceedings dated 14.10.2019, however, the monetary benefits were not given to the petitioner. Therefore, the petitioner made a representation to the respondents seeking for monetary benefits for the period from 03.01.2003 to 29.07.2007. Since the same was not considered, the present Writ Petition has been filed.

3. Heard Mr.C.R.Rose Radhi Jijo, learned counsel for the petitioner and Mr. S.N. ParthasarathiAkhil Akbar Ali, learned Government Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to respondents 1 to 3 to consider the representation made by the petitioner on 29.11.2019 and pass appropriate orders strictly in accordance with law within a period of four (4) weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to respondents 1 to 3 along with a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar bga 2/3

Copy to

1. The State of Tamilnadu Rep. by its Secretary Higher Education Department Secretariat, Fort St. George Chennai 600 009

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

3. The Joint Director of Collegiate Education Thirunelveli Region, Thirunelveli

4. The Corrrespondent - Secretary Nesamony Memorial Christian College Marthandam +1 cc to the Government pleader sr17778 W.P.NO.4988 of 2020 cp(co) aa12/05/2020 3/3