Mrs. A. Aruls Ajitha v. The Director Of Collegiate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2018
CORAM:
THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P.No.18103 of 2018 Mrs.A.Arul Ajitha .. 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 Scott Christian College, Nagercoil 629 003.
Kanyakumari District.
..
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to approve the petitioner's appointment as Office Assistant in the Scott Christian College, Nagercoil, in the sanctioned vacancy caused by the promotion of Mr.Y.Sathiyanesan with effect from 27.06.2017 with all attended, Monetary and Service benefits passed in the representation of the petitioners dated 01.03.2018. For Petitioner : Mr.R.Elizabeth For Respondents : Mrs.P.Kavitha, Government Advocate for R1 and R2 Mr.S.Bharathirajan, Standing Counsel for R3
O R D E R
The case of the petitioner in this writ petition is that he was appointed as Office Assistant in the 3rd respondent College vide appointment order Rrf.No.SCC/112/18/AO dated 27.06.2017 in the sanctioned vacancy caused by promotion of one Mr.Y.Sathiyanesan and the said appointment was made, based on the permission granted by this Court in WP (MD) Nos.22533, 22534 and 22535 of 2015.
2.
The grievance now expressed by the petitioner is that though the 3rd respondent/Scott Christian College had sent
a proposal to approve the appointment of the petitioner on 16.02.2018 to the respondents 1 and 2, but the same is still pending without any action and thereafter, the petitioner in this regard has submitted a representation dated 01.03.2018 to the respondents. Since no response is forthcoming, he has come forward to file this writ petition seeking for a direction to the respondents 1 and 2 to approve his appointment as Office Assistant in the 3rd respondent College, so also to consider his representation dated 01.03.2018 within the stipulated period.
2.
Mrs.P.Kavitha, learned Government Advocate who accepts notice on behalf of respondents 1 and 2 would fairly submits that the respondents have no objection to consider such representation, if the same is pending, in accordance with law, within the time as stipulated by this Court. 3.
Heard the submissions of learned counsel appearing for parties on either side.
4.
Considering the limited relief as sought for by the petitioner, this Court is of the view that no useful purpose is going to be served by asking a Counter affidavit from the respondents and therefore, this Court dispose of this writ petition at the stage of admission by giving a direction to the respondents 1 and 2 to take an informed and considered decision on the proposal of the 3rd respondent as well as the representation dated 01.03.2018 submitted by the petitioner, in accordance with law, within a period of six weeks from the date of receipt of copy of this order.
With the aforesaid direction, this writ petition stands disposed of. However, there shall be no order as to costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar 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 Scott Christian College, Nagercoil 629 003.
Kanyakumari District.
+1cc to Mr.S.Bharathirajan, Advocate, S.R.No.47406 +1cc to Mr.R.Elizabeth, Advocate, S.R.No.47405 +1cc to the Government Pleader, S.R.No.48046 W.P.No.18103 of 2018 NRI(CO) SMI/02.08.2018