S.Manimozhi v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Appeal No.654 of 2016 and CMP.No.8426 of 2016 ---- Dr.S.Manimozhi ... Appellant/Petitioner Vs.

1.The Government of Tamil Nadu Rep. By its Secretary to Government Higher Education Department Fort. St.George Chennai-9 2.The Director of Collegiate Education College Road, Chennai-6 3.Dr.K.Sekar

...Respondents/Respondents

Writ Appeal filed under Clause 15 of Letters Patent against the order dated 06.04.2016 in W.P.No.9271 of 2016. Writ petition field U/A 226 of the Constitution of India praying for Writ of certiorarified Mandamus to call for the records relating to the impugned order of the first respondent in G.O.(ID) No.197, Higher Education (F1) Department dated 05.08.2015 quash the same and Director the first respondent to promote the petitioner as director of Collegiate Education in the place of the third respondent with effect from the date of his promotion and grant her all consequential benefits.

For Appellant :

Mr.S.Ramesh For Respondents :

Mr.T.N.Rajagopalan, Spl.G.P.

for R1 and R2.

Mr.C.Selvaraj, SC for M/s.C.S.Associates for R3

JUDGMENT

(Judgment of the Court was made by HULUVADI G. RAMESH,J.) This Writ Appeal is filed as against the order dated 06.04.2016 passed in W.P.No.9271 of 2016, wherein, this court rejected the prayer made by the appellant herein/petitioner in W.P.9271/2016, in respect of her promotion.

2. Among other grounds taken in the Writ Appeal, it is stated that the appellant is attaining the age of superannuation on 31.05.2017 and therefore, a decision to be taken to fill up the post of Director of Collegiate Education by considering her claim is utmost necessary at this stage.

3. It is a matter of record that during vacation, a Division Bench of this Court by order dated 25.05.2016, directed the respondents 1 and 2 to take necessary steps to fill up the post of Director of Collegiate Education by considering the claim of the appellant also, in accordance with law. Further, this court directed the Registry to post the matter on 08.06.2016 i.e, today.

4. Mr.T.N.Rajagopalan, learned Special Government Pleader appearing for respondents 1 and 2 submitted that a direction may be issued to respondents 1 and 2 to consider the claim of the appellant within a time frame.

5. Heard the learned counsel for the appellant and the learned Special Government Pleader appearing for Respondents 1 and 2.

6. Considering the facts and circumstances of the case and the previous order passed by this court dated 25.05.2016, we once again direct the respondents 1 and 2 to consider the claim of the appellant for the post of Director of Collegiate Education and take a decision within two months from the date of receipt of a copy of this order.

7. The Writ Appeal is disposed of accordingly. No costs. Consequently, connected MP is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar nvsri

To 1.The Secretary to Government The Government of Tamil Nadu Higher Education Department Fort. St.George Chennai-9 2.The Director of Collegiate Education College Road, Chennai-6 1 cc to Mr.S.ramesh, Advocate, sr.30871 1 cc to M/s C.S.Associates, Advocate, sr.30970 1 cc to Government Pleader, sr.31261 W.A.No.654 of 2016 scd co kra 14.06.2016