V.Muthuraman v. The Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2017

CORAM:

THE HON'BLE MR. JUSTICE T. RAJA W.P. Nos.14334 to 14340 of 2017 V. Muthuraman Petitioner in WP No.14334 of 2017 S. Sivasaravanan Petitioner in WP No.14335 of 2017 P. Virumandy Petitioner in WP No.14336 of 2017 M. Selvarani Petitioner in WP No.14337 of 2017 A. Lakshmanan Petitioner in WP No.14338 of 2017 K. Thangamarikkani Petitioner in WP No.14339 of 2017 C. Selvam Petitioner in WP No.14340 of 2017 vs.

The Director of Collegiate Education College Road Chennai 600 006 The Joint Director of Collegiate Education Madurai Region Madurai The Secretary/Correspondent N.M.S.S. Vellaichamy Nadar College Nagamalai Pudukottai Madurai 625 019 ... Respondents in all the writ petitions Prayer in WP No.14334 of 2017:

from 06.12.2007, i.e., from the date of his initial appointment

Prayer in WP No.14335 of 2017:

Library Assistant in the third respondent college with effect from 12.12.2007, i.e., from the date of his initial appointment Prayer in WP No.14336 of 2017:

Record Clerk in the third respondent college with effect from 11.12.2007, i.e., from the date of his initial appointment Prayer in WP No.14337 of 2017:

from 11.12.2007, i.e., from the date of her initial appointment

Prayer in WP No.14338 of 2017:

from 07.12.2007, i.e., from the date of his initial appointment Prayer in WP No.14339 of 2017:

Record Clerk in the third respondent college with effect from 10.12.2007, i.e., from the date of her initial appointment Prayer in WP No.14340 of 2017:

from 10.12.2007, i.e., from the date of his initial appointment

For petitioner in Mr. P. Ganesan all the WPs For RR 1 & 2 in Mr. T.M. Pappiah all the WPs Special Govt. Pleader COMMON ORDER In view of commonality of issue involved, all these writ petitions are considered and decided by this common order. 2.

With the consent of the learned counsel for the petitioners and the learned Special Government Pleader appearing for respondents 1 and 2, these writ petitions are taken up for final disposal.

3.

While the petitioners in W.P. Nos.14334, 14337, 14338 and 14340 of 2017 were appointed as Laboratory Assistant on 06.12.2007, 11.12.2007, 07.12.2007 and 10.12.2007 respectively, the petitioners in W.P. Nos.14336 and 14339 were appointed as Record Clerk on 11.12.2007 and 10.12.2007 respectively and the petitioner in W.P.No.14335 of 2017 was appointed as Library Assistant on 12.12.2017 in the third respondent college. 4.

Except the petitioner in W.P. No.14334 of 2017 who was appointed in a sanctioned vacancy caused by retirement of his predecessor, the other petitioners were appointed in sanctioned vacancies caused by promotion of their predecessors. After being satisfied with the qualification acquired by the petitioners on the date of appointment, they were all issued with appointment orders by the third respondent on the basis of available sanctioned posts with the permission given to fill up non teaching staff by the first respondent vide proceedings dated 15.05.2007 and subsequently, the posts in which the petitioners were appointed were also approved by the second respondent vide proceedings in Na.Ka.No.6918/A3/09 dated 01.10.2009 with effect from 12.06.2009.

5.

But, the petitioners' grievance is that their appointments were not approved from the date of their initial appointment, as stated above and as the respondents have approved their appointment prospectively from the date of grant of approval, i.e., 12.06.2009, they have addressed representations and finally, the third respondent college also has sent a proposal on 03.04.2017 in this regard, which is still under consideration and hence, these writ petitions are filed seeking a direction to the first respondent to accord

approval of the appointment of the petitioners in the third respondent college with effect from the date of their initial appointment instead of 12.06.2009, in the light of the approval given by the first respondent to the similarly placed college, viz., Arumuga Pillai Sethaiammal College, Tirupattur, by proceedings Na.Ka.No.45285/G2/14 dated 21.11.2014, on the basis of the second respondent's proposal made in Na.Ka. No.92/A5/17 dated 02.02.2017 by considering the proposal dated 03.04.2017 addressed by the third respondent college and the representation dated 24.04.2017 addressed by the petitioners and give the petitioners, all consequential benefits.

6.

A perusal of the proposal dated 03.04.2017 addressed by the third respondent college to the first respondent shows that the petitioners were appointed only in sanctioned posts. Therefore, their appointment is entitled to be approved from the date of their initial appointment.

Accordingly, the first respondent is directed to consider the proposal dated 03.04.2017 forwarded by the third respondent college on merits and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

With the above direction, these writ petitions stand disposed of. Costs made easy.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cad To The Director of Collegiate Education College Road Chennai 600 006 The Joint Director of Collegiate Education Madurai Region Madurai

The Secretary/Correspondent N.M.S.S. Vellaichamy Nadar College Nagamalai, Pudukottai Madurai - 625 019 +7cc to Mr.P. Ganesan, Advocate, S.R.No.45430 +1cc to Government Pleader, S.R.No.45789 W.P. Nos.14334 to 14340 of 2017 SS(CO) CS/17/07/17