M.Satish Kumar v. The Director Of Collegiate Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Satish Kumar

...Petitioner

Vs 1.The Director of Collegiate Education, D.P.I. Complex, College Road, Chennai - 600 015.

2.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli - 628 008.

3.The Correspondent/Secretary, Scott Christian College, Nagercoil - 629 003, Kanyakumari District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to approve the petitioner's appointment as Sweeper from 01.11.2001 to 21.06.2007 and Lab Assistant from 22.06.2007 to 11.06.2009 in the 3rd respondent College, based on the representation of the 3rd respondent dated 31.01.2023.

1/4

For Petitioner : Mr.S.Bharathi Rajan For R1 & R2 : Mr.P.Gurunathan, Additional Government Pleader

ORDER

Heard Mr.S.Bharathi Rajan, learned counsel for the petitioner and Mr.P.Gurunathan, learned Additional Government Pleader for the respondents 1 & 2.

2. In view of the order to be passed in this Writ Petition, no prejudice would be caused to the third respondent. Hence, notice to the said respondent is hereby dispensed with.

3. The prayer sought for in the present Writ Petition is for a direction to the first respondent to approve the petitioner's appointment in the post of Sweeper from 01.11.2001 to 21.06.2007 and in the post of Lab Assistant from 22.06.2007 to 11.06.2009 in the third respondent College, based on the representation submitted by the third respondent on 31.01.2023.

2/4

4. This Court is of the view that such a claim requires to be considered by the respondents and this Court may not be justified in stepping into the shoes of the respondents to consider the same. Nevertheless, if the proposal is directed to be disposed of within a stipulated time, the ends of justice could be secured.

5. In the light of the above observation, the first respondent herein is directed to dispose of the proposal/representation forwarded by the third respondent dated 31.03.2023, seeking for approval of the petitioner's appointment, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

30.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Director of Collegiate Education, D.P.I. Complex, College Road, Chennai - 600 015.

2.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli - 628 008.

30.06.2023 4/4