C.James v. Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.1852 of 2015 C.James ... Petitioner Vs

1. Directorate of Collegiate Education, College Road, Chennai - 600 006.

2. The Joint Director of College Education, Thirunelveli Region, Thirunelveli - 627 007.

3. The Secretary, Scott Christian College, Nagercoil, Kanyakumari District.

... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, directing the 1st respondent herein to consider petitioner representation dated 22.11.2014 and to approve and regularise petitioner appointment from the date of appointment as Lecturer in Physics in the Scott Christian College, Nagercoil in the sanctioned retirement vacancy of Prof.A.D.Yesudhas with effect from17.07.1998 to 02.08.1999 based on the approval given by the 1st respondent to the similarly placed person in Na.Ka.No.19837/F2/2007 dated 14.03.2014 and Na.Ka.No.32834/F2/2014 dated 31.12.2014 with monetary and service and all other benefits for the said period.

For Petitioner : Ms.A.V.Bharathi for Mr.E.Martin Jeya Kumar For Respondents : Mr.P.Sanjay Gandhi, Additional Govt. Pleader for R1 and R2 No appearance for R3

O R D E R

The petitioner was appointed as Lecturer in Physics in Scott Christian College, Nagercoil. The appointment was made consequent to the retirement of Prof.A.D.Yesudhas. The appointment order was issued on 17.07.1998.

https://hcservices.ecourts.gov.in/hcservices/

2. The 3rd respondent submitted a proposal for approval of appointment of the petitioner. The proposal submitted by the 3rd respondent was approved and appointment was regularised with effect from 03.08.1999.

3. The petitioner having found that his earlier period of service was not approved, submitted a representation on 22.11.2014 requesting the first respondent to consider the case on merits. The present request is to direct the first respondent to consider the said representation on merits.

4. The first respondent is directed to consider and dispose of the representation submitted by the petitioner dated 22.11.2014 on merits and as per law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. The petitioner is directed to forward a copy of the representation dated 22.11.2014 along with a copy of this order so as to enable the first respondent to decide the matter as expeditiously as possible.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// svki/gya Sub Assistant Registrar To

1. Directorate of Collegiate Education, College Road, Chennai - 600 006.

2. The Joint Director of College Education, Thirunelveli Region, Thirunelveli - 627 007.

+1cc to Mr.E.Martin Jeya Kumar, Advocate, S.R.No.13354 +1cc to the Government Pleader, S.R.No.13606 W.P.No.1852 of 2015 AD(CO) CA(18/03/2015) https://hcservices.ecourts.gov.in/hcservices/