← Library
Madras High CourtWP/35625/2016disposed of

Anbudhas J Ronald v. The Director Of Collegiate

2016-10-06Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35625 of 2016 Anbudhas J Ronald ... Petitioner vs.

The Director of Collegiate Education, College Road, Chennai - 600 006 ... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to approve the petitioner's appointment as sweeper in Nesamony Memorial Christian College, Marthandam in the sanctioned vacancy caused by the promotion of Mr.A.Ramachandran with effect from 22.12.1997 to 13.08.2009 in the light of approval given to similarly placed non-teaching staffs Mr.Paulian and Mr.Robin Jabanese vide Na.Ka.No.52029/F2/2013 dated 02.04.2014 and Na.Ka.No.52028/F2/2013 dated 21.08.2014 with monetary benefits and other attendant benefits based on the representation given by the petitioner dated 21.04.2016.

For Petitioner : Mr.E.Martin Jayakumar For Respondents : Mr.C.Jagadish, Spl. Government Pleader

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a Writ of Mandamus, directing the respondent to approve the petitioner's appointment as a sweeper in Nesamony Memorial Christian College, Marthandam in the sanctioned vacancy caused by the promotion of Mr.A.Ramachandran with effect from

22.12.1997 in the light of approval given to similarly placed non-teaching staffs with monetary benefits and other attendant benefits based on the representation given by the petitioner dated 21.04.2016.

3. It is the case of the petitioner that he was appointed as Watchman on 01.09.1993 and subsequently he was promoted as a sweeper in Nesamony Memorial Christian College, Marthandam in the sanctioned vacancy caused by the promotion of Mr.A.Ramachandran, with effect from 22.12.1997. Though his services were approved in the sanctioned post w.e.f 22.12.1997 to 13.08.2009, he has not paid salary for that period. In and by the proceedings of the respondent in Rc.No.1185/79 dated 08.01.1980 permission has been granted to fill up the vacancies for non teaching staff, the said A.Ramachandran was permitted to work in the sanctioned non-teaching post as sweeper.

4. The post of sweeper, being a sanctioned post, from the year 1979 in the Nesamony Memorial Christian College and the same was also approved. The Management of Nesamony Memorial Christian College, Marthandam is duly entitled to make such appointment in case of inevitable circumstances without prior approval of the respondent since the same can be sanctified at a later date, if the post is a sanctioned post. It is the further case of the petitioner that similarly placed nonteaching staffs by name Mr.Paulian and Robin Jebanese, who were working as sweeper in the Nesamony Memorial Christian College, Marthandam, whose posts were approved by the respondent vide Na.Ka.Ka.No.52029/F2/2013 dated 02.04.2014 and Na.Ka.No.52028/F2/2013 dated 21.08.2014.

5. The college has given representation dated 31.12.1997 to the respondent through the Joint Director of Collegiate Education, Tirunelveli seeking to approve and regularize the post of the petitioner. But, no action has been taken to do so. Though petitioner made representation dated 21.04.2016, to the respondent for approval of his appointment as a sweeper with effect from 22.12.1997 to 13.08.2009, the respondent neither considered nor rejected his representation till date. Hence, the petitioner has come forward with the present petition.

6. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the respondent to consider the representation of the petitioner dated 21.04.2016 seeking to approve and regularize the petitioner's appointment as a Sweeper in Nesamony Memorial Christian College, Marthandam, in the sanctioned retirement vacancy of Mr.A.Ramachandran, with effect from 22.12.1997 to

13.08.2009, based on the approval given by the respondent to the similarly placed persons in Na.Ka.Ka.No.52029/F2/2013 dated 02.04.2014 and Na.Ka.No.52028/F2/2013 dated 21.08.2014 and pass appropriate orders with regard to the payment of his salary and other applicable benefits for the said period, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To The Director of Collegiate Education, College Road, Chennai - 600 006 +1cc to Mr.E. Martin Jayakumar, Advocate, S.R.No.57488 +1cc to the Government Pleader, S.R.No.57855 sr (CO) md (07/11/2016) W.P.No.35625 of 2016