Dr.E.Grace Marin, v. Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.38350 of 2015 Dr.E.Grace Marin ..

Petitioner -vs1. Director of Collegiate Education College Road Chennai 600 006

2. The Joint Director of College Education Tirunelveli Region Tirunelveli

3. The Secretary Scott Christian College Nagercoil Kanyakumari District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent herein to approve and regularize the petitioner's appointment as Lecturer in Zoology in the Scott Christian College, Nagercoil, in the sanctioned retirement vacancy of Dr.S.Prasanna Kumar with effect from 15.06.2011 to 06.07.2014 based on the approval given by the first respondent to the similarly placed person in Na.Ka.No.33733/F2/2005 dated 01.09.2014 and Na.Ka.No.19837/F2/2007 dated 14.03.2014 with monetary and service and all other benefits for the said period. For Petitioner ::

Mr.E.Martin Jeyakumar For Respondents ::

Mr.A.Kumar Special Government Pleader for R1 & R2 Mr.S.Bharathirajan for R3

ORDER

Dr.E.Grace Marin, who was appointed in the third respondent-Scott Christian College, Nagercoil with the requisite qualification, namely, M.Sc.,M.Phil., Ph.D., as Lecturer in Zoology with effect from 15.6.2011 by the Secretary of the college in the sanctioned vacancy created by the retirement of Dr.S.Prasanna Kumar on 31.5.2011, has come to this Court seeking a limited prayer to direct the first respondent to approve and regularise her appointment as Lecturer in Zoology with effect from 15.06.2011 to 06.07.2014, since the third respondent college has already sent the proposal dated 16.6.2011, based on the approval given by the first respondent to the similarly placed person in Na.Ka.No.33733/F2/2005 dated 01.09.2014 and in Na.Ka.No.19837/F2/2007 dated 14.03.2014 with monetary and other service benefits for the said period. In this regard, she has also submitted a representation dated 15.9.2015 to the first respondent.

2. Mr.S.Bharathirajan, learned counsel for the third respondent college also submitted that since the proposal sent by the third respondent to approve the appointment of the petitioner for the period from 15.6.2011 to 6.7.2014 is pending for a long time, a direction should be issued to the first respondent to pass appropriate orders.

3. Mr.A.Kumar, learned Special Government Pleader, taking notice on behalf of the respondents 1 & 2, requested this Court to grant six weeks time to consider and pass appropriate orders on the proposal/representation sent by the third respondent/petitioner.

4. In the light of the above request, the first respondent is directed to consider the proposal dated 16.6.2011 sent by the third respondent as well as the representation of the petitioner dated 15.9.2015 for granting approval of the appointment and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ss

To

1. The Director of Collegiate Education College Road Chennai 600 006

2. The Joint Director of College Education Tirunelveli Region Tirunelveli +1 cc to Mr.S.Bharathirajan Advocate sr.21608 +1 cc to Government pleader sr.21725 +1 cc to Mr.E.Martin Jeyakumar Advocate sr.21460 W.P.No.38350 of 2015 aa18/04/2016