Md.Abdul Qadir v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.33674 of 2024 and W.M.P.No.36457 of 2024 Md. Abdul Qadir
...Petitioner
Vs
1. The State of Tamil Nadu Rep by its Additional Chief Secretary to Government, Higher Educational Department, Fort St.George, Chennai - 600 009.
2. The Director of Collegiate Education, Saidapet, Chennai - 600 015.
3. The Regional Joint Director of Collegiate Education, Chennai Region, Saidapet, Chennai - 600 015.
4.The Quaide Milleth College for Men Represented by its Secretary & Correspondent, Tambaram Velachery Main Road, Medavakkam, Chennai - 600 1009.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to pass appropriate orders on the Appeal Petition submitted by the petitioner dated 11.08.2024 filed against the orders of the 4th Respondent passed in Rc.No.QMC/DP-MAQ dated 03.07.2024 in violation of the procedure establish by law and without any proper enquiry within a time frame fixed by this Court and pass orders.
For Petitioner : Mr. S. Nedunchezhiyan For Respondent : Mr. D. Ravichandran Special Government Pleader
ORDER
By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.
2. This petition is filed seeking to issue a Writ of Mandamus directing the second respondent to pass appropriate orders on the Appeal Petition submitted by the petitioner dated 11.08.2024 filed against the orders of the 4th Respondent passed in Rc.No.QMC/DP-MAQ dated 03.07.2024 in violation of the procedure establish by law and without any proper enquiry within a time frame fixed by this Court. 2/6
3. The facts of the case are that the petitioner worked as a Associate professor in 4th Respondent college and rendered meritorious service for more than 34 years i.e till the date of reaching the age of superannuation i.e on 31.01.2015. The petitioner faced troubles with the appointment of enquiry officer and also in receiving the relevant documents from the authorities, due to which the petitioner approached this Court by way of filing W.P.Nos.3764 of 2015, 3512 of 2019 and W.A.No.3512 of 2019. Finally in W.A.No. 3512 of 2019 this Court vide order dated 22.04.2024 stated that the final orders passed by the Management cannot be accepted and permitted the petitioner to give his explanations to the Enquiry officer. Pursuant to which the petitioner has given his explanations. Subsequent to which the 4th respondent vide order dated 03.07.
2024 imposed the penalty of reduction in rank and the petitioner's rank was reduced to the post of Assistant Professor. Aggrieved over the same the petitioner has filed a Appeal petition before the second respondent and the same is pending till date. Hence, the petitioner has also given a representation to the third respondent on 24.08.2024. However, no action has been taken till date. Hence, this petition.
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4. The learned counsel for the petitioner submitted that the petitioner has not received provisional pension for the month of July 2024. He further submitted it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 24.08.2024 and pass orders.
5. The learned Special Government Pleader appearing for the respondents submits that the representation of the petitioner will be considered on merits and in accordance with law.
6. Heard both sides and perused the materials available on record.
7. Considering the facts of the case, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the representation of the petitioner and dispose of the appeal petition filed by the petitioner on 11.08.2024 within a period of ten weeks from the date of receipt of a copy of this Order. If there is any due with regard to payment of provisional pension to the petitioner, the respondents are directed to remit the same at the earliest.
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8. With the above directions this writ petition stands disposed of. No order as to costs. Consequently the connected miscellaneous petition is closed.
12.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To.
1. The Chief Secretary to Government, Higher Educational Department, Fort St.George, Chennai - 600 009.
2. The Director of Collegiate Education, Saidapet, Chennai - 600 015.
3. The Regional Joint Director of Collegiate Education, Chennai Region, Saidapet, Chennai - 600 015.
4.The Quaide Milleth College for Men Represented by its Secretary & Correspondent, Tambaram Velachery Main Road, Medavakkam, Chennai - 600 1009.
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V.BHAVANI SUBBAROYAN,J.
smn W.P.No.33674 of 2024 and W.M.P.No.36457 of 2024 12.11.2024 6/6