Madras High CourtWP/33371/2019disposed of

P.Rabi v. The State Of Tamil Nadu,

2019-11-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.33371 of 2019 P.Rabi ... Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Secretary, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009 2.The Director of Collegiate Education, College Road, Chennai - 600 006 3.The Regional Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli 4.The Secretary - cum - Correspondent, Scott Christian College, Nagercoil ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to approve the petitioner's appointment as Waterman in the fourth respondent College, in the sanctioned vacancy caused by the promotion of Mr.S.Sankaradhas with effect from 09.02.2006 in the light of the approval given by the third respondent to the similarly placed persons like R.Sorubalatha & 6 others vide proceedings Pa.Mu.

No.4874/A2/2013 dated 28.08.2019 in W.P(MD).No.1234 of 2014 dated 24.02.2015 in W.A.(MD).No.931 of 2018 dated 12.07.2018 and in Special Leave Petition SLP.No.323 of 2019 dated 18.01.2019 with monetary and all other attendant and service benefits based on the review petition given by the petitioner dated 20.09.2019.

For Petitioner : Mr.A.V.Bharathi For R1 to R3 : Mr.V.Kadhirvelu, Special Government Pleader For R4 : Mr.E.Martin Jayakumar

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that the petitioner was appointed as Waterman on 09.02.2006 in the sanctioned vacancy in non teaching post caused by the promotion of Mr.S.Sankaradhas. Thereafter, the fourth respondent College sent a proposal to the second respondent through the third respondent dated 03.10.2018 for approval of his appointment. Even the third respondent also sent a recommendation to the second respondent vide proceedings Na.Ka.No.4078/E2/2019 dated 12.04.2019. However the second respondent rejected the same, pursuant to which the petitioner made review petition dated 20.09.2019 to the respondents, but the same has not been considered so far. Hence, the petitioner has filed the present petition.

3.Heard both sides.

4.The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the respondents 1 to 3 to consider the review petition of the petitioner dated 20.09.2019 and pass orders, within a stipulated time fixed by this Court.

5.Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the respondents 1 to 3 to consider the review petition of the petitioner dated 20.09.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

6.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar lok To 1.The Secretary, State of Tamil Nadu, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009

2.The Director of Collegiate Education, College Road, Chennai - 600 006 3.The Regional Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli 4.The Secretary - cum - Correspondent, Scott Christian College, Nagercoil +1cc to Mr.A.V.Bharathi, Advocate SR.No.100337 +1cc to Government Pleader, High Court, Madras SR.No.99956 W.P.No.33371 of 2019 MR(CO) GMY(28/01/2020)