K.Latha v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 19573 of 2024 And W.M.P.No. 27523 of 2024 Tmt.K.Latha ... Petitioner ..Vs..
1.
The Government of Tamil Nadu Rep. by its Secretary to Government Fort St. George, Chennai - 600 009.
2.
The Director of Collegiate Education No.577, Anna Salai, Saidapet, Chennai - 600 006.
[Amended as per order in W.M.P.No. 27523/2024 order dated 28.03.2025] 3.
The Joint Director of Collegiate Education Chennai Region, Saidapet, Chennai - 600 015.
4.
Meenakshi College for Women Rep. through its Secretary No.363, Arcot Road, Kodambakkam
Chennai - 600 024.
... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the third respondent to approve the fresh promotion proposal made by the fourth respondent dated 27.12.2022 and the remainder dated 10.05.2023 as Assistant in the retirement vacancy caused due to the retirement of Thiru.K.Sankaran in the cadre of Assistant as earlier as on 30.06.2014 taking into account the approval of the petitioner's appointment as Laboratory Assistant with effect from 12.06.2009 in the common cadre posts such as Junior Assistants, Typists, store keepers and steno typists drawing identical scale of pay in so far as Private Colleges are concerned but with all attendant benefits only from 15.07.2022.
*** For Petitioner :: Mr. A.Amalraj For RR 1 to 3 :: Mr. C.Jayaprakash Government Advocate For 4th Respondent :: No appearance
ORDER
The Writ Petition has been filed in the nature of a Mandamus seeking
a direction against the third respondent/Joint Director of Collegiate Education, to approve the fresh promotion proposal made by the fourth respondent dated 27.12.2022 and the reminder dated 10.05.2023 as Assistant in the retirement vacancy caused due to the retirement of Thiru.K.Sankaran on 30.06.2014.
2. The petitioner had been initially appointed as Laboratory Assistant on and from 12.06.2009 in the fourth respondent college. On 30.06.2014, the Assistant K.Sankaran, had retired on attaining the age of superannuation. The petitioner was then appointed as Assistant in the fourth respondent college by the fourth respondent. They had forwarded this particular proposal to promote the petitioner from Laboratory Assistant to Assistant to the third respondent. Since the proposal was kept pending, the Writ Petition has been filed in the nature of a Mandamus.
3. It is now submitted on behalf of the respondents that as early as 15.05.2023 even much before the Writ Petition has been filed on 18.04.2024, the said proposal seeking promotion had been rejected by the respondents. Unfortunately, the petitioner had not stated this fact in the
Writ Petition.
4. The learned counsel for the petitioner states that the petitioner was not put on notice of this particular decision taken by the second / third respondents.
5. Let me give the benefit of doubt to the petitioner herein and give her an opportunity to challenge this particular order in manner known to law.
6.
The Writ Petition stands dismissed extending that particular liberty. No order as to costs.
28.03.2025 vsg (2/2) Index: Yes/No Internet: Yes/No
To 1.
The Secretary to Government The Government of Tamil Nadu Fort St. George, Chennai - 600 009.
2.
The Director of Collegiate Education No.577, Anna Salai, Saidapet, Chennai - 600 006.
3.
The Joint Director of Collegiate Education Chennai Region, Saidapet, Chennai - 600 015.
C.V.KARTHIKEYAN, J., vsg W.P.No. 19573 of 2024 And W.M.P.No. 27523 of 2024 28.03.2025 (2/2)