M.Prema Latha v. Director Of Collegiate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.21287 of 2015 M.Prema Latha ...
Petitioner
Versus
1. Director of Collegiate Education, College Road, Chennai-600 006.
2. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-627 001.
3. The Secretary, Scott Christian College, Nagercoil, Kanyakumari District-629 003.
...
Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the first respondent to approve and sanction the appointment of petitioner as Office Assistant w.e.f. 02.01.2004 to 14.11.2014 in the 3rd respondent Scott Christian College, Nagercoil in the sanctioned promoted vacancy of Mr.P.John Henry, who has been promoted as Library Assistant on 02.01.2004 and consequently direct the respondents 1 and 2 to disburse the grant towards salary and other allowances for the above said period of 02.01.2004 to 14.11.2014. For Petitioner : Mrs.A.V.Bharathi For Respondents : Mrs.M.E.Raniselvam, Government Advocate
O R D E R
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner was appointed as Office Assistant on 02.01.2014 in the third respondent college, an aided educational institution. The vacancy to such post has arisen as P.John Hentry was promoted to the post of Library Assistant from Office Assistant. However, the first respondent issued the proceedings dated 13.11.2014 approving the appointment of the petitioner as Office Assistant with effect from 15.11.2014. A consequential order dated 27.04.2015 was issued by the second respondent.
3. Heard the learned counsel for the petitioner and Mrs.M.E.Raniselvam, the learned Additional Government Pleader appearing for the respondents.
4. The petitioner made a representation dated 04.05.2015 to approve the appointment of the petitioner as Office Assistant from 02.01.2004, the date of her appointment, since she was appointed in the regular vacancy caused due to the promotion of one P.John Hentry.
5.The learned counsel for the petitioner has submitted that the first respondent could be directed to dispose of the representation of the petitioner dated 04.05.2015.
6. I am of the view that if an employee was appointed in the regular vacancy caused due to the promotion of a person, such appointments should be approved from the date of his/her appointment.
7. In these circumstances, the first respondent is directed to consider and dispose of the representation of the petitioner dated 04.05.2015, seeking approval of her appointment from the initial date of appointment as Office Assistant, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
8.With the above direction, the writ petition is disposed of. No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To
1. Director of Collegiate Education, College Road, Chennai-600 006.
2. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-627 001.
3. The Secretary, Scott Christian College, Nagercoil, Kanyakumari District-629003.
+1cc to M/s A.V.Bharathi sr.no.35799.
W.P.No.21287 of 2015 rv[co] srg 24.07