P.Esther v. The Director Of Collegiate Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.28587 of 2018 Mrs.P.Esther .. Petitioner Vs
1. The Director of Collegiate Education, College Road, Chennai 600 006.
2. The Joint Director of Collegiate Education, Madurai Region, Madurai - 627 007.
3. The Secretary, Saraswathi Narayanan College, Perungudi, Madurai - 625 022 .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st respondent to approve the petitioner's appointment as Store Keeper in the 3rd respondent college in the sanctioned vacancy caused by the retirement of one Mr.S.Marimuthu with effect from 18.07.2018 in the light of approval given by the 1st respondent to similarly placed persons like B.Saravanan and 9 others in Na.Ka.No.30382/G4/2016 dated 03.01.2018 based on this Hon'ble High Court order passed in WP Nos.22408 & 22417 of 2016 dated 14.07.2016 with monetary and all other attendant and service benefits based on the representation given by the petitioner dated 06.08.2018.
For Petitioner : Mrs.A.V.Bharathi For Respondents : Mrs.P.Kavitha, Government Advocate
ORDER
The grievance of the petitioner is that she has been working as Store keeper against the sanctioned vacancy caused on account of retirement of one Mr.S.Marimuthu in the 3rd respondent minority educational institution from 18.07.2018. The
3rd respondent had sent an proposal for approval of appointment to the 1st and 2nd respondent from the date of his appointment. The petitioner in this regard, has also made representation dated 06.08.2018 to the respondents. Since the same has evoked no response, the petitioner has come to this Court seeking a direction to the respondent to approve the appointment from the date actually the petitioner was appointed against the sanctioned vacancy.
2.
During the course of hearing on admission, the learned counsel appearing for the petitioner submits that though the petitioner has sought for a larger relief but she now wants to confine his prayer seekinga direction to the 1st respondent for disposal of his representation in a time bound manner and as such, the writ petition be disposed of with the aforesaid direction at the stage of admission.
3.
The learned counsel appearing for the respondents 1 and 2 submits that they have no objection for consideration of the petitioner representation for approval of his appointment, if the same is pending but in accordance with law within a reasonable period.
4.
After hearing the learned counsel appearing for the petitioner and going through the materials on record and especially the nature of relief sought for, this Court therefore dispose of this writ petition without seeking a reply affidavit from the respondents 1 and 2 with a direction to the 1st respondent to take a decision on such proposal of the 3rd respondent addressing the representation of the petitioner within a period of six weeks from the date of receipt of copy of this order, if there is no other legal impediment for consideration of such proposal. However, it is made clear that this Court has expressed no opinion on merit of such representation of the petitioner in any manner.
5. With the aforesaid order, this writ petition stands disposed of. No costs.
rka Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar
To
1. The Director of Collegiate Education, College Road, Chennai 600 006.
2. The Joint Director of Collegiate Education, Madurai Region, Madurai - 627 007.
3. The Secretary, Saraswathi Narayanan College, Perungudi, Madurai - 625 022 +1cc to Mr.E.Martin Jayakumar, Advocate SR.No.75376 +1cc to Government Pleader SR.No.75296 sm:14.11.2018 W.P.No.28587 of 2018 5/5