R.Syed Hussain v. The Director Of Collegiate Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.23569 of 2021 (Through Video Conferencing) R.Syed Hussain

...Petitioner

Vs

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

2. The Joint Director of Collegiate Education, Vellore Region, Vellore - 632 006.

3. The Secretary, C.Abdul Hakeem College, Melvisharam, Vellore - 632 509.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to approve the petitioner's promotion as Store Keeper in the third respondent College, in the promotion vacancy of Mr.Syed Mohamed Ghouse with effect from 30.04.2019 in the light of approval given by the first respondent to the similarly placed person Mr.K.Angamuthu vide his proceedings Na.Ka.No.4396/G4/2018 dated 08.07.2021 based on the order passed by this Hon'ble Court in W.P.(MD).No.12783 of 2017 dated 19.12.2018 in W.A.No.9 of 2020 on 25.03.2021 and all other benefits based on the representation given by the petitioner dated 26.11.2019.

For Petitioner : Mr.E.Martin Jayakumar For Respondents :

For R1 and R2 : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the first and second respondents.

2. This writ petition is being disposed at the time of admission considering the fact that under similar circumstances an order has already been passed by this Court in W.P.Nos.19420 & 19426 of 2021.

3. The operative portion from the said order reads as under:- "3. It is submitted that the said order was appealed before the Hon'ble Division Bench the appeal was also dismissed by the Hon'ble Division Bench of Madurai Bench of the Madras High Court vide an order dated 25.03.2021 in W.A.Nos.114 and 9 of 2020. The case of the petitioner is that the petitioner has sent representation to the 2nd respondent which not evoked any positive response.

4. Considering the above, these writ petitions are disposed by directing the second respondent to consider the representation of the petitioner and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. While passing such orders, the respondent may duly consider the decisions rendered in the W.P.(MD).No.12783 of 2017 as affirmed by the Hon'ble Division Bench of Madurai High Court in W.A.(MD).No.114 and 9 of 2020 dated 25.03.2021. No costs."

4. In view of the above, this Writ Petition stands disposed by directing the second respondent to consider the representation dated 26.11.2019 of the petitioner and the proposal dated 23.10.2021 sent by the third respondent and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rgm/arb

To

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

2. The Joint Director of Collegiate Education, Vellore Region, Vellore - 632 006.

+1cc to the Government Pleader, S.R.No.57670 W.P.No.23569 of 2021 RSV[co] NSK 22/11/2021