A.Linda Primlyn v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.07.2015

CORAM

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.21008 OF 2015 A.Linda Primlyn [ PETITIONER ] Vs 1 The State of Tamilnadu Rep. by its Secretary Department of Higher Education Fort St. George, Chennai-600 009.

2 Director of Collegiate Education College Road, Chennai-600 006.

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

4 The Registrar Manonmanium Sundaranar University Thirunelveli District.

5 The Secretary Scott Christian College Nagercoil Kanyakumari District.

[RESPONDENTS] Writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to direct the 2nd respondent herein to approve and regularize her appointment as Lecturer in English in the Scott Christian College Nagercoil in the sanctioned retirement vacancy of Mr.A.Raymond Rodrigo with effect from 16.8.2000 to 31.7.2007 in the light of approval given by the 2nd respondent to the similarly placed persons like Mr.D.Arul Dhas Tmt.J.Premakumari Tmt.J.Renuka Rathanavathi in the proceedings Na.Ka.No. 33733/F2/2005 dated 01.09.2014 and Mr.D.Deva Sampath and Mr.G.Isac Arul Dhas appointment were approved by the 2nd respondent in his proceedings in Na.Ka.No. 19837/F2/2007 dated 14.3.2014 based on the orders passed in WP.No.17368 of 2005 dated 29.06.2005, W.A.Nos.140 of 2000, 811 of 2006 and 805 of 2007 common order dated 21.10.2010 and by Supreme Court order in SLP Nos.19526-19528 of 2013 dated 29.11.2013,with monetary service and all other benefits for the said period.

For Petitioner : Mrs.A.V.Bharathi For Respondents : Mr.V.Jayaprakash Narayanan-R1 to R3 Spl.Govt. Pleader Mr.D.Sam Edwin Raj - R5

O R D E R

With consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner was appointed as a Lecturer in English in Scott Christian college, Nagercoil, in the sanctioned post on 16.08.2000, due to retirement of one Dr.A.Raymond Rodrigo. The qualification of the petitioner was also approved by the concerned University. The Joint Director also sanctioned the grant for the post with effect from 01.08.2007. The grievance of the petitioner is that the grant should be sanctioned from 16.08.2000 to 31.07.2007 also and the appointment of the petitioner shall be approved for the purpose of the grant from 16.08.2000 itself.

3. According to the petitioner, in the case of similarly placed persons, namely, Mr.D.Deva Sampath, Mr.G.Isac Arul Dhas, Mr.D.Arul Dhas, Tmt.J.Premakumari, Tmt.J.Renuka Rathanavathi, the appointments were approved by the Joint Director of College Education from the date of their initial appointment. In these circumstances, the petitioner made a representation dated 09.04.2015 to the Joint Director of College Education. However, no acknowledgement was filed.

4. In these circumstances, the writ petition is disposed of, permitting the petitioner to make a fresh representation to the 1st and 2nd respondents, namely, the Director and the Joint Director of College Education, seeking to approve the appointment of the petitioner for the purpose of grant from 16.08.2000, in the light of the aforesaid facts and in the light of the order dated 01.09.2014 made in W.P.Nos.36325 of 2003, 13119 of 2003 and 17368 of 2005 dated 11.12.2013 and the 1st and 2nd respondents are directed to consider the same and pass appropriate orders on the representation of the petitioner, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of the representation of the petitioner. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar rpa To 1 The Secretary to Government, The State of Tamilnadu Department of Higher Education Fort St. George, Chennai-600 009.

2 Director of Collegiate Education College Road, Chennai-600 006.

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

4 The Registrar Manonmanium Sundaranar University Thirunelveli District.

5 The Secretary Scott Christian College Nagercoil Kanyakumari District.

1 cc to Government Pleader.Sr.No.35737 1 cc to Mr.A.V.Bharathi, Advocate Sr.No.35966 W.P.No.21008 of 2015 ppa(co) pmk.31.7.2015