A.George, v. The Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.22715 of 2017 A.George ... Petitioner Vs

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

2. The Joint Director of Collegiate Education Chennai Region Saidapet,Chennai 600 015.

3. The Correspondent Y.M.C.A.College of Physical Education No.49A, Anna Salai, Nandhanam Chennai 600 035.

... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to pass orders for approval of appointment of petitioner in the post of Marker from the date of initial appointment on 30.08.1996 based on the application lastly submitted by third respondent in letter No.92/2011 dated 21.04.2011 and as per the proposal forwarded by second respondent to first respondent in Na.Ka.No.6490/E2/2009 dated 23.11.2012 with all consequential and other attendant benefits including payment of arrears of salary to the petitioner from the date of initial appointment, within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.S.Guna Sekaran Additional Government Pleader

O R D E R

The relief sought for in this writ petition is to direct the first respondent to approve the appointment of the writ petitioner in the post of Marker, from the date of initial

appointment on 30.08.1996, based on the application lastly submitted by the third respondent in letter No.92/2011 dated 21.04.2011 and as per the proposal forwarded by the second respondent to the first respondent in proceedings dated 23.11.2012.

2. The learned counsel appearing for the writ petitioner states that the writ petitioner was appointed as Watchman in Y.M.C.A. College of Physical Education in the year 1992 and continues to work on daily wages. Subsequently, a permanent vacancy in the post of Marker, consequent to the retirement of one, Mr.E.P.Desai on 31.07.1996, arosed and accordingly, the writ petitioner was appointed in the vacant Post of Marker in the third respondent college in proceeding dated 30.08.1996. Thus, the writ petitioner was appointed in a regular sanctioned post of Marker in the third respondent College and he his entitled for approval of his appointment and for salary. The learned counsel further states that proposal seeking approval was submitted by the third respondent to the second respondent and the second respondent forwarded the same to the first respondent for consideration in proceedings dated 23.11.2012.

3. In this view of the matter, the first respondent is directed to consider the proposal and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. However, no order as to costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar dna To

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

2. The Joint Director of Collegiate Education Chennai Region Saidapet,Chennai 600 015.

3. The Correspondent Y.M.C.A.College of Physical Education No.49A, Anna Salai, Nandhanam Chennai 600 035.

+2cc's to Mr.G.Sankaran, Advocate, S.R.Nos.61392 & 61393 +1cc to the Government Pleader, S.R.No.61933 W.P.No.22715 of 2017 PA(CO) CA(04/10/2017)