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Madras High CourtWP/35181/2015disposed of

A.Jaisankar, v. The Secretary To Government,

2015-11-05Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.35181 of 2015 and M.P.No.1 of 2015 A.Jaisankar

...Petitioner

Vs -

1. The Secretary to Government, Higher Education Department, Government of Tamilnadu, Fort St.George, Chennai - 600 009.

2. The Director of Collegiate Education, 9th Floor, E.V.K. Sampath Building, DPI Campus, College Road, Chennai - 600 006.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dt.26.10.2015 and post him as Bursar in the Government Arts & Science College, R.K. Nagar, Chennai.

For Petitioner : Mr.N.G.R.Prasad, for M/s.Row and Reddy For Respondents: Mr.S.Gunasekaran, Govt. Advocate.

O R D E R

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

2. The case of the petitioner is that he joined the services of the second respondent on 10.01.1986 as Junior Assistant and later he was promoted as Assistant and Superintendent. On 26.12.2013, he was promoted as Bursar and posted to Government Arts College for Women at Mayiladuthurai. Thereafter, on 27.07.2014, he was transferred from Mayiladuthurai to Uthiramerur and again on 20.07.2015, he was malafidely transferred from Chennai to Walajapettai. Challenging the order, he filed W.P.No.27017 of 2015 and this court, by order dated 28.08.2015 granted status quo.

3. The petitioner would state that the respondent has now opened a Government Arts College at R.K.Nagar, Chennai and a post of Bursar is also sanctioned for the said College. Hence, the petitioner made a representation dated 26.10.2015 to the second respondent to consider him in the said vacancy. Since it was not considered by the respondent so far, the petitioner is before this court by way of this writ petition.

4. Heard Mr.N.G.R. Prasad, learned Senior Counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing for the respondents.

5. This Court, taking into consideration the above facts and circumstances and without going into the merits of the case, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 26.10.2015, on merits and in accordance with law and pass orders within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. Till the decision is taken by the 2nd respondent, status quo is directed to be maintained with regard to filling up of the post of Bursar in Government Arts College, R.K.Nagar, Chennai.

6. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Rgr Sd/- Assistant Registrar (CS-VII) /True Copy/ Sub-Assistant Registrar To

1. The Secretary to Government, Higher Education Department, Government of Tamilnadu, Fort St.George, Chennai - 600 009.

2. The Director of Collegiate Education, 9th Floor, E.V.K. Sampath Building, DPI Campus, College Road, Chennai - 600 006.

+1 C.C. To M/S.Row & Reddy, Advocate in SR.NO.61368 +1 C.c. TO Government Pleader in SR.NO.61466 W.P.No.35181 of 2015 KJI(CO) sd : 24/11/2015