Mrs. S.Immaculate Anitha, v. The Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.24046 of 2017 S.Immaculate Anitha ... Petitioner Vs The Director of Collegiate Education College Road Chennai 600 006.

... Respondent PRAYER : Petition filed Under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to approve the petitioner's appointment as Lab Assistant in the St.Justin's College of Education, in the Sanctioned vacancy caused by the retirement of Mrs.A.Nirmala with effect from 03.07.2017 in the light of approval given by the respondent to the similarly placed person like A.Poorna Sengole Daisy in W.P.No.40166 of 2016 dated 16.11.2016 in Mu.Mu.No.52367/G2/2016 dated 21.03.2017 with all monetary benefits based on this Hon'ble High Court and Supreme Court orders passed in W.P.No.23712 of 2008 dated 04.10.2013 with monetary benefits, seniority in service, and other attendant benefits with effect from 03.07.2017 based on the representation given by the petitioner dated 17.07.2017.

For Petitioner : Mr.Bharath for Mr.E.Martin Jayakumar For Respondent : Mr.K.Dhananjayan Special Government Pleader

O R D E R

The relief sought for in this writ petition though large in nature. The learned counsel appearing for the writ petitioner restricted the prayer by stating that it is suffice, if the representation submitted by the writ petitioner on 17.07.2017, is disposed of in accordance with law.

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2. The learned counsel appearing for the writ petitioner states that the writ petitioner was appointed in a sanctioned post, on account of the retirement of one Mrs.A.Nirmala and there was no irregularity in the appointment of the writ petitioner. Accordingly, the proposal was submitted for approval of the appointment of the writ petitioner and the same is yet to be considered in this regard. The writ petitioner has submitted a representation on 17.07.2017. Further, the learned counsel submitted that similar cases that of the writ petitioner was already considered and favourable orders were passed in respect of the petitioner in this writ petition.

3. In this view of the matter, and without going into the merits of the cases, the respondent is directed to consider the representation submitted by the writ petitioner on 17.07.2017, and pass orders on merits in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to send the copy of the representation along with all the documents with the order passed in this writ petition.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar dna To The Director of Collegiate Education College Road Chennai 600 006.

+1cc to Mr.E.Martin Jayakumar, Advocate, S.R.No.65303 +1cc to the Government Pleader, S.R.No.65610 W.P.No.24046 of 2017 CS IV CA(21/09/2017) https://hcservices.ecourts.gov.in/hcservices/