S.N.Marbin Britto v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.6574 of 2020 S.N.Marbin Britto
...Petitioner
-Vs1. The Principal Secretary, Department of Collegiate Education, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The Director of Collegiate Education, EVK Sampath Maligai, DPI Campus, No.68, College Road, Chennai - 600 006.
3. The Joint Director of Collegiate Education, Department of Collegiate Education, Tirunelveli - 627 007.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second and third respondents to release the teaching grant applicable the petitioner holding the post of Lecturer / Assistant Professor, Department of English, St.
Jude's College, Thoothoor, Kanyakumari District from November, 2019 onwards.
For Petitioner : Mr.S.Ganesan For Mr.LCM Lazarus For Respondents : Mr.R.Neethiperumal Government Advocate
ORDER
This writ petition has been filed for direction directing the respondents 2 & 3 to disburse the teaching grant applicable the petitioner from the month of November, 2019.
2.
The petitioner is qualified with M.A., M.Phil., in English. While being so, there was a vacancy in St. Jude's College for the post of Lecturer due to termination of service of one Franklin. It is a sanctioned post. Therefore, the said college notified the post of Lecturer in English department, for which the petitioner was applied along with others. As per the resolution dated 07.06.2007, the petitioner was appointed as Lecturer in the St. Jude's College on 08.06.2007. The petitioner's educational qualifications were also duly approved by the Manomaniam Sundaranar University by the proceeding dated 19.11.2019.
3.
In the mean while, the management of the said College appointed one D.L.Jaisy as Assistant Professor in English department under the Self Finance Stream and she filed writ petition in W.P.No.20730 of 2014, claiming that she was appointed as Lecturer and sought for approval of appointment. The petitioner was also subsequently filed a writ petition in W.P.No.1025 of 2015 seeking approval of his appointment. Simultaneously, another person viz., D.Shaby also filed writ petition for approval of her appointment as Lecturer in W.P.No.1952 of 2015. All the writ petitions are clubbed together and pending before this Court.
4.
In the mean while, the second respondent granted approval of appointment with effect from 19.11.2019 in favour of the petitioner. However, the petitioner was not paid any salary as such the petitioner repeatedly submitted representations to the second respondent for disbursal of his salary and also requested to approve his appointment from the date of his initial appointment, since he was appointed in the sanctioned post.
5.
Considering the above facts and circumstances, the
respondents 2 & 3 are directed to consider the representations made by the petitioner seeking disbursement of salary and also approval of appointment from the date of his initial appointment dated viz., 08.06.2007, and pass orders within a period eight weeks from the date of receipt of a copy of this Order.
6.
With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.
24.09.2024 Index : Yes/No Speaking/Non Speaking order rts
To
1. The Principal Secretary, Department of Collegiate Education, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The Director of Collegiate Education, EVK Sampath Maligai, DPI Campus, No.68, College Road, Chennai - 600 006.
3. The Joint Director of Collegiate Education, Department of Collegiate Education, Tirunelveli - 627 007.
G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.6574 of 2020 24.09.2024