S.Gnanasumathi v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.33637 of 2018 Dr.S.Gnanasumathi ...Petitioner Vs 1.Government of Tamil Nadu, Rep by its Secretary, Higher Education Department, Fort St.George, Chennai - 600 009.
2.The Director of Collegiate Education, College Road, Chennai - 600 006.
3.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli - 627 007. 4.The Secretary, Mazareth Margoschis College, At Pillayanmanai,Tuticorin District, Nazareth- 628 617
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the Respondents 2nd to consider and pass orders on the representation dated 01.10.2018 made by the petitioner for approve the appointment of the petitioner with effect from 28.10.2016 as Assistant Professor (Commerce) and pay the salary, based on the proposal sent by the 4th Respondent college dated 28.08.2018 and reminder dated 28.09.2018.
For Petitioners:M/s.P.Ganesan For Respondents:Ms.Thangavardhana Balakrishnan for R1 - 3 Mr.Bharathiraja, Standing Counsel - for R4
O R D E R
This writ petition is filed seeking direction to the directing the second respondent to consider and pass orders on the representation dated 01.10.2018 made by the petitioner seeking approval of the petitioner's appointment as Assistant Professor (Commerce) and pay the salary, based on the proposal
sent by the fourth respondent college dated 28.08.2018 and 28.09.2018.
2. The petitioner got appointed as Assistant Professor in Commerce department on 13.12.2017 in the retirement vacancy. It was a sanctioned post. Based on the proposal sent by the fourth respondent college, Manomaniam Sundaranar University approved the appointment of the petitioner. Subsequently, the fourth respondent forwarded the approval of the University to the second and third respondents on 28.08.2018 and 28.09.2018, which has been neither approved nor returned till date. Subsequently, the petitioner sent a representation to the second and third respondents dated 01.10.2018, which has also not been considered. Therefore, the petitioner has filed the present writ petition.
3. Mr.V.Kathirvelu, learned Special Government Pleader takes notice on behalf of respondents 1 to 3.
4. Learned counsel for the petitioner pointed out that in similar facts and circumstances in the writ petitions filed by similarly placed persons , this Court in W.P.Nos.26780 to 26782 of 2017, by the order dated 03.11.2017, has held as follows. "Besides, in the present case also, the third respondent College is a minority institution receiving grant-in-aid from the State Government for both teaching as well as non-teaching staff. Secondly, the petitioners were appointed as Assistant Professor in a retirement vacancies occurred on account of retirement. Thirdly, the first respondent also in his proceedings dated 28.10.
1999, had permitted the third respondent college to fill up the vacancies that arose in the vacant posts of the year 1999-2000 and it is further stated they had sanctioned five posts of Assistant Professors, in which, in the present case, the petitioners were appointed on retirement of aforesaid persons. Therefore, for the reasons stated above, the first respondent is directed to receive the proposal and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order."
5. Considering the facts and circumstances of the present writ petition, this Court is of the view that the aforesaid order squarely applies to the facts of the present case. Under the circumstances, the second respondent is directed to consider the representation of the petitioner dated 01.10.2018, based on the proposal sent by the fourth respondent college dated 28.08.2018 and 28.09.2018, taking into account the order passed by this Court in W.P.Nos.26780 to 26782 of 2017 dated
03.11.2017, and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, and pass orders thereon, in accordance with law. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kst To 1.The Secretary, Government of Tamil Nadu, Higher Education Department, Fort St.George, Chennai - 600 009.
2.The Director of Collegiate Education, College Road, Chennai - 600 006.
3.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli - 627 007.
+1cc to Mr.P.Ganesan, Advocate, S.R.No.89682 +1cc to the Government Pleader, S.R.No.1000 W.P.No.33637 of 2018 PPA(CO) rrs 31/01/2019