D.Reetha v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2020
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.15238 of 2020 D.Reetha
...Petitioner
Vs
1. The Director, The Directorate of Technical Education, No.56, Saradar Valabali Patel Road, Guindy, Chennai.
2. The Commissioner, The Directorate of Technical Education, No.56, Saradar Valabali Patel Road, Guindy, Chennai.
3. The Principal, Thanthai Periyar E.V.Ramasamy, Goverment Polytechnic, Vellore, Vellore District.
...Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying Writ of Mandamus to direct the 3rd respondent to sponsor the name of the petitioner to the 2nd respondent for the post of workshop instructor consequently direct the 2nd respondent to appoint the petitioner as a workshop instructor on par with the petitioner's juniors.
For Petitioner :
Mr.M.Sathish Kumar For Respondents :
Mr.Karthik Balaji, Government Advocate.
O R D E R
The matter is taken up through web hearing.
2. This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 3rd respondent to sponsor the name of the petitioner to the 2nd respondent for the post
of workshop instructor, consequently direct the 2nd respondent to appoint the petitioner as a workshop instructor on par with the petitioner's juniors.
3. The case of the petitioner is that she was working as Skilled Assistant from 2014 in the 3rd respondent office. According to her, that on 13.10.2017, the 2nd respondent had called the Principals of Polytechnic colleges and ITI's to sponsor the names of the eligible candidates for the post of Workshop Instructor. In response to the directive, the 3rd respondent has appeared to have sponsored some names who were working as Skilled Assistant.
4. The petitioner's grievance is that her name was not sponsored and the persons whose names were sponsored were juniors to the petitioner. Therefore, being aggrieved that she was not sponsored for promotion to the post of Workshop Instructor appeared to have submitted representations on 18.08.2020 and 19.09.2020. Since the representations have not evoked any response, she is before this Court seeking issue of Writ of Mandamus.
5. Apart from the above facts, nothing has been stated by the petitioner as to what was her position in the seniority list vis-a-vis, the names of the sponsored candidates and what is the status of such selection process which was initiated, even according to the petitioner on 13.10.2017. Moreover, nothing has been stated as to what is the hierarchy of promotion and what is the rule position prescribed in the matter of subject promotion. The affidavit is completely bereft of any relevant details and on the basis of such sketchy averments, the petitioner is seeking issue of Writ of Mandamus. In fact, the delay in making the representations in 2020 was also not explained at all in the affidavit. This Court, on the basis of such bald averment, cannot entertain this writ petition even for issuing a Writ of Mandamus.
6. Therefore, the Writ Petition is dismissed as being completely devoid of merits and substance. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Director, The Directorate of Technical Education, No.56, Saradar Valabali Patel Road, Guindy, Chennai.
2. The Commissioner, The Directorate of Technical Education, No.56, Saradar Valabali Patel Road, Guindy, Chennai.
3. The Principal, Thanthai Periyar E.V.Ramasamy, Goverment Polytechnic, Vellore, Vellore District.
W.P.No.15238 of 2020 CP(CO) RV(30/11/2020)