C.Beskey Job v. Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN W.P.No.2306 of 2015 C.Beskey Job

...Petitioner

Vs.

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

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

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

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the first respondent herein to consider the petitioner representation dated 28.11.2014 and to approve and regularise the petitioner appointment from the date of appointment as Lecturer in Physics in the Scott Christian College, Nagercoil, in the sanctioned retirement vacancy of Mr.S.Arulson Daniel with effect from 13.07.1998 to 02.08.1999 based on the approval given by the first 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 Addl.Govt.

Pleader for R1 and R2 No appearance for R3 O R D E R The petitioner was appointed as Lecturer in Physics by the third respondent. The appointment was made on 13.07.1998. The appointment was approved by order dated 03.01.2000 by the first respondent. However, she was not given the benefit of earlier service from 13.07.1998 to 02.08.1999. The petitioner submitted a https://hcservices.ecourts.gov.

representation on 28.11.2014 requesting the first respondent to regularise the said period. The petitioner in the said representation submitted that the appointment was made against a sanctioned vacancy. The representation is now pending on the file of the first respondent.

2. The first respondent is directed to consider and dispose of the representation submitted by the petitioner on 28.11.2014 on merits and as per law and taking into account the fact that the appointment of the petitioner was against a sanctioned vacancy. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

3. The Writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar svki To 1.Director of Collegiate Education, College Road, Chennai - 600 006.

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

+1cc to Mr.E. Martin Jeya Kumar, Advocate, S.R.No.14928 +1cc to the Government Pleader, S.R.No.15140 W.P.No.2306 of 2015 KJI(CO) CA(24/03/2015) https://hcservices.ecourts.gov.in/hcservices/