R.G.Sudharson v. The Directorate Of Collegiate Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.NO.14783 OF 2021 AND WMP.NO.15668 OF 2021 R.G.Sudharson
...Petitioner
Vs
1. The Directorate of Collegiate Education O/o.Directorate of collegiate Education 9th floor EVK Sampath building College Road Chennai-600 006
2. The Regional Joint Director (Chennai Region) Directorate of collegiate Education, Todd Hunter Nagar Nandanam Chennai-600 015
3. The Honorary Secretary Society for social Education and Research No.32 Casa Major Road Egmore Chennai-600 008
4. The Principal Madras School of Social work No.32 Casa Major Road, Egmore Chennai-600 008.
...Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus forbearing the 2nd Respondent herein from granting post fact approval for the 3rd Respondents order dated 5.5.2021 terminating the petitioners services under the 4th respondent college in violation of section 19(1) of the TN Private colleges (Regulation) Act 1976 and to pass orders on the petitioners complaint Application dated 10.5.2021 in Na.Ka.NO.02279/Aa/2021 with in a time frame to be fixed by this Honourable court.
For Petitioner : Ms.D.Geetha For Respondents : Mr.V.Veluchamy Addl. Govt. Pleader - R1 & R2 Mr.Gupta - R3 No appearance - R4
ORDER
When the matter is taken up for hearing, learned counsel for the petitioner would submit that the prayer in this Writ Petition itself is to direct the second respondent to pass orders on the appeal filed by the petitioner against the order of the third respondent dated 05.05.2021 terminating his service.
2. According to Ms.D.Geetha, learned counsel for the petitioner that the appeal/complaint had been filed before the second respondent on 10.05.2021 which is still not disposed despite a lapse of six months.
3. Since the prayer in the Writ Petition is for a limited scope to direct the second respondent to pass orders on the appeal and there being no serious objection raised by the learned counsel for the respondents for granting such direction as prayed for in the Writ Petition, there shall be a direction to the second respondent to consider and dispose the complaint application filed by the petitioner herein dated 10.05.2021 on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the same forthwith to the petitioner.
4. Learned counsel for the petitioner while making the above submission also contend that salary and allowances due to the petitioner till date has not been paid by the 4th respondent and hence the 4th respondent may be directed to pay the outstanding dues to the petitioner.
5. In this regard, the petitioner is permitted to make a representation forthwith to the 4th respondent, who on receipt of the same shall consider and pass appropriate orders, if the request is genuine and admissible, within a period of 10 days from the date of receipt of a copy of the representation.
6. The Writ Petition is disposed of accordingly. No costs. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar sl To
1. The Directorate of Collegiate Education O/o.Directorate of collegiate Education 9th floor EVK Sampath building College Road Chennai-600 006
2. The Regional Joint Director (Chennai Region) Directorate of collegiate Education, Todd Hunter Nagar Nandanam Chennai-600 015
3. The Honorary Secretary Society for social Education and Research No.32 Casa Major Road Egmore Chennai-600 008
4. The Principal Madras School of Social work No.32 Casa Major Road, Egmore Chennai-600 008.
+1cc to M/s.Gupta & Ravi, Advocate, S.R.No.68856 +1cc to M/s.D.Geetha, Advocate, S.R.No.68597 W.P. No.14783 of 2021 and WMP No.15668 of 2021 SR(CO) RLP(07/01/2022)