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Madras High CourtWP/35266/2023disposed of

N.Mary Charli v. The Government Of Tamil Nadu,

2023-12-19Honourable Mr Justice M.S. Ramesh8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.Mrs.N.Mary Charli

2. Mr.A.Vijayakumar

3. Mr.G.Robin Theodar

4. Mrs.S.Ruth Stella

5. Mr.R.Solomon 6.Mr.S.Murugapandi 7.Mr.D.Moses Walker Samuel

8. Mr.M.Vaskline

9. Mr.A.George Kingsly 10.Mr.G.Jebastin

11. Mr.J.Samuel

12. Mr.S.Ponraj

13. Mrs.B.Jenifer Christy

14. Mrs.A.Monisha Celles

15. Mr.K.Kamaraj

16. Mrs.P.Hepzibai Ebenezer

17. Mr.M.Paramasivam 18.Mr.T.Ganesan

...Petitioners

Vs

1. The Government of Tamil Nadu Represented by the Principal Secretary Higher Education Department Fort St.George Chennai - 600 009 1/8

2. The Director of Collegiate Education I.A.S.E Campus 577, Anna Salai, Saidapet Chennai - 600 015

3. The Regional Joint Director of Collegiate Education Tirunelveli Region Tirunelveli

4. The Secretary-cum-Correspondent St.John's College Palayankottai Tirunelveli - 627 002

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing respondents to approve the appointment of the petitioners in the sanctioned 18 Group D Nonteaching posts vacancies from their date of appointment i.e., 27.10.2023 in the light of the order of this Court made in W.P (MD) No.1234 of 2014 dated 24.02.2015 in W.A (MD) No.931 of 2018 dated 12.07.2018 which has been confirmed by the Hon'ble Apex Court in SLP No.323 of 2019 dated 18.01.2019.

For Petitioner : Mr.E.Martin Jayakumar For Respondents : Mrs.V.Yamuna Devi Spl.Govt.Pleader for Respondents 1 to 3 Ms.S.Sharmila for R4 2/8

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in the present Writ Petition is for a direction to the respondents to approve appointment of the petitioners in sanctioned Group D non-teaching posts vacancies from their date of appointment i.e., 27.10.2023 in the light of the order of this Court made in W.P (MD) No.1234 of 2014 dated 24.02.2015 in W.A (MD) No.931 of 2018 dated 12.07.2018 which has been confirmed by the Hon'ble Apex Court in SLP No.323 of 2019 dated 18.01.2019. In this regard, a proposal has been sent by the fourth respondent college to the third respondent and the petitioners have also sent a representation on 08.11.2023. The details of proposal for the non-teaching vacancy posts are as follows:

S.No.

Name &Posts Appointment Date Vacancy caused details 1.

Mrs.N.Mary Charli, Office Assistant 27.10.2023 Vacancy arose due to retirement of 3/8

S.No.

Name &Posts Appointment Date Vacancy caused details Mr.A.Chelliah 2.

Mr.A.Vijaya Kumar, Office Assistant 27.10.2023 Vacancy arose due to Transfer of Mr.Esakkimuthu.

3.

Mr.G.

Robin Theoder, Office Assistant 27.10.2023 Vacancy arose due to promotion of Mr.R.Harrison 4.

Mrs.Ruth Stella, Office Assistant 27.10.2023 Vacancy arose due to retirement of Mr.K.Sundaram 5.

Mr.R.Solomon, Office Assistant 27.10.2023 Vacancy arose due to retirement of Mr.M.Savarimuthu 6.

Mr.S.Murugapandi, Sweeper 27.10.2023 Vacancy arose due to Death of Mr.S.Shunmugavel 7.

Mr.D.Moses Walker Samuel, Sweeper 27.10.2023 Vacancy arose due to Retirement of Mr.S.Masanam.

8.

Mr.M.Vaskline, Sweeper 27.10.2023 Vacancy arose due to retirement of Mr.P.Devaraj 9.

Mr.A.George Kingsly, Sweeper 27.10.2023 Vacancy arose due to promotion of Mr.A.Robinson 10.

Mr.Jebastin, Sweeper 27.10.2023 Vacancy arose due to promotion of Mr.V.Joseph Sahaya Clement 11.

Mr.J.Samuel, 27.10.2023 Vacancy arose due to 4/8

S.No.

Name &Posts Appointment Date Vacancy caused details Watchman promotion of Mr.T.Suresh Koilraj.

12.

Mr.S.Ponraj, Watchman 27.10.2023 Vacancy arose due to retirement of Mr.S.Mani.

13.

Mrs.B.Jenifer Christy, Gardener 27.10.2023 Vacancy arose due to promotion of Mrs.K.Josline Margrate 14.

Mrs.A.Monisha Celles, Gardener 27.10.2023 Vacancy arose due to promotion of Mr.A.John prince 15.

Mr.K.Kamaraj, Waterman 27.10.2023 Vacancy arose due to promotion of Mrs.A.Rebecca Jebakani.

16.

Mrs.P.Hepzibai Ebanezer, Waterwoman 27.10.2023 Vacancy arose due to Retirement of Mr.A.Somasundaram 17.

Mr.M.Paramasivam, Scavenger 27.10.2023 Vacancy arose due to death of Mr.C.Muniyandi 18.

Mr.T.Ganesan, Scavenger 27.10.2023 Vacancy arose due to death of Mr.M.Chinna Thambi.

3. This Court is of the view that such a proposal requires to be considered by the respondents and this Court may not be justified in stepping into the shoes of the official respondents to consider the same. 5/8

Nevertheless, if the proposal of the fourth respondent is directed to be disposed of within a stipulated time, the ends of justice could be secured.

4. In the light of the above observation, the official respondents are directed to dispose of the proposal made by the fourth respondent college dated 02.11.2023, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the claim made by the petitioners and it is open to the official respondents to consider it on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

19.12.2023 Index:Yes/No Speaking order/Non-speaking order gpa 6/8

To

1. The Principal Secretary Higher Education Department Fort St.George Chennai - 600 009

2. The Director of Collegiate Education I.A.S.E Campus 577, Anna Salai, Saidapet Chennai - 600 015

3. The Regional Joint Director of Collegiate Education Tirunelveli Region Tirunelveli 7/8

M.S.RAMESH,J.

gpa 19.12.2023 8/8