H.Prema Latha v. The Director Of Collegiate Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.17178 of 2019 Mrs.H.Prema Latha ... Petitioner Vs.
1. The Director of Collegiate Education, College Road, Chennai - 600 006.
2. The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli - 627 007.
3. The Correspondent/ Secretary Nesamony Memorial Christian College, Marthandam - 629 165 Kanyakumari District.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to approve the petitioner's appointment as Steno Typist in the third respondent College to the transfer of Mrs.Paul Thangam with effect from 22.12.2007 to 13.08.2009 in the light of approval given to the similarly placed non teaching staff like S.Arul Kumar vide Mu.Mu.No.29202/f2/2016 dated 15.02.2018 with the monetary benefit and other attend benefit with effect from 22.12.2007 to 13.08.2009 based on the representation given for the petitioner dated 15.11.2018. For Petitioner : M/s.R.Natrtamil For Respondents : Mr.V.Kadhirvelu Special Government Pleader (For Education) (for R1 & R2)
O R D E R
This petition has been filed by the petitioner, seeking for the issuance of Writ of Mandamus to direct the first respondent to approve the petitioner's appointment as Steno Typist in the third respondent College to the transfer of Mrs.Paul Thangam
with effect from 22.12.2007 to 13.08.2009 in the light of approval given to the similarly placed non teaching staff like S.Arul Kumar vide Mu.Mu.No.29202/f2/2016 dated 15.02.2018 with the monetary benefit and other attend benefit with effect from 22.12.2007 to 13.08.2009 based on the representation given for the petitioner dated 15.11.2018.
2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. The case of the petitioner is that she was appointed as Steno Typist in the 3rd respondent College on 22.12.2007. The 3rd respondent College is a Minority Aided Institution and the petitioner was appointed in the then existing sanctioned vacancy caused due to promotion of Mrs. Paul Thangam. On a proposal of the 3rd respondent dated 11.09.2008, the 2nd respondent herein approved the petitioner's appointment with effect from 26.02.2010. Hence the 3rd respondent College as well as the petitioner have made a representations to the respondents 1 and 2 to approve the petitioner's appointment with effect from her initial date of appointment and the same has not been considered till date. Hence the writ petition. 4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 15.11.2018 and to pass appropriate orders.
5.Considering the limited request made by the learned counsel appearing for the petitioner, I am inclined to issue direction to the respondents to consider the petitioner's representation. Accordingly, the respondents are directed to consider the petitioner's representation dated 15.11.2018, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ebsi
To
1. The Director of Collegiate Education, College Road, Chennai - 600 006.
2. The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli - 627 007.
3. The Correspondent/ Secretary Nesamony Memorial Christian College, Marthandam - 629 165 Kanyakumari District.
+1cc to M/s.R.Natrtamil, Advocate in sr.no.88052 +1cc to the Government Pleader, S.R.No.88678 W.P.No.17178 of 2019 PPA(CO) CS/29/11/2019