R.Mangalam v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.09.2015 Coram:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30033 of 2015 R.Mangalam .. Petitioner vs.

1.The Chairman, Secretary to Government, Transport Department, Fort St.George, Chennai-600 009 2.The Director of Technical Education, Sardar Patel Road, Guindy, Chennai-600 025 3.The Director, Institute of Road and Transport, Taramani, Chennai-600 113 4.The Principal, Institute of Road and Transport Technology, Erode-638 316 ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the second and third respondent to confer re-employment to the petitioner on reaching the age of Superannuation on 30.09.2015 to till the end of the academic year i.e. till 31.5.2016.

For petitioner : Mr.R.S.Anandan For Respondents : Mr.V.Subbiah,Spl.G.P.

ORDER

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner jointed as an Associate Lecturer in the Institute of Road Transport Technology, on 8.1.1986 and got

promotions and at present, working as Associate Professor from 01.01.2006 and she claims that she has rendered hard, sincere and blemishless service to the satisfaction of the superior officers and she is due to retire on 30.09.2015, on reaching the age of superannuation. It is stated by the petitioner that since she is in teaching profession, subject to medical fitness, she is entitled for re-employment till the end of the academic year (2016). The petitioner, in this regard has also submitted a representation to the fourth respondent on 20.04.2015, followed by representations dated 29.06.2015 and 21.08.2014, to the first and third respondents, through proper channel, praying for extension of her service/reemployment till the end of the academic year and also placed reliance upon G.O.Ms.No.281, Education Department, dated 13.2.1981 and since she has not been favoured with any response, she came forward to file this writ petition.

3. The learned counsel appearing for the petitioner would submit that in similar facts, the third respondent, vide proceedings dated 27.6.2011, has extended the service of one A.Senthilkumar, Associate Professor, (Mechanical), working in Institute of Road and Transport Technology, till the end of the academic year and the petitioner in her representation has also given names of persons, whose services have been extended beyond the age of superannuation till the end of the academic year and prays for appropriate orders.

4. This Court heard the submissions of Mr.R.S.Anandan, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents.

5. Though the petitioner prayed for larger relief, this Court, in the light of the facts, directs respondents 2 and 3 to consider and dispose of the petitioner's representation dated 19.09.2015, on merits and in accordance with law, after taking note of G.O.Ms.No.326, Education Department, dated 10.2.1977, G.O.Ms.No.281, Education Department, dated 13.2.1981 and pass orders on or before 30.09.2015 and communicate the decision taken to the petitioner.

6. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar

To 1.The Chairman, Secretary to Government, Transport Department, Fort St.George, Chennai-600 009 2.The Director of Technical Education, Sardar Patel Road, Guindy, Chennai-600 025 3.The Director, Institute of Road and Transport, Taramani, Chennai-600 113 4.The Principal, Institute of Road and Transport Technology, Erode-638 316.

1 cc to Mr.R.S.Anandan , Advocate Sr.No.51994 1 cc to Government Pleader.Sr.No.52200 W.P.No.30033 of 2015 ggk(co) pmk.25.9.2015