K.Kingston Koilraj v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.34034/2018 K.Kingston Koilraj .... Petitioner Vs 1.The Secretary State of Tamil Nadu Department of Higher Education, Fort St George, Chennai.
2.The Director of Collegiate Education College Road, Chennai 600 006.
3.The Joint Director of Collegiate Education, Tirunelveli region, Tirunelveli 627 007.
4.The Correspondent/Secretary Pope's College, Sawyerpuram-628 251 Thoothukudi District.
....
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 2nd and 3rd respondents herein to approve my appointment as Office Assistant in the Pope's College, Sawyerpuram in the sanctioned vacancy caused by the promotion of Mr.V.Asirvatham with effect from 01.11.2016 with all attendant, monetary and service benefits.
For Petitioner : Mr.A.Rajesh For RR 1 to 3 : Mrs.Thangavadhana Balakrishna, AGP Mr.S.Bharathirajan, SC for R4
O R D E R
This writ petition is filed seeking direction to the the second and third respondents herein to approve the appointment of the petitioner as Office Assistant in the Pope's College, Sawyerpuram in the sanctioned vacancy, with all attendant monetary and service benefits, based on the proposal sent by the fourth respondent college.
2. The petitioner was appointed as Office Assistant in the fourth respondent college, against sanctioned post on 28.10.2016. Subsequently, the fourth respondent sent letters to the second and third respondents, seeking for approval of appointment of the petitioner, which has been neither approved nor returned till date.
The petitioner also sent a representation to the second respondent on 15.10.2018, which has also not been considered. Therefore, the petitioner has filed the present writ petition for appropriate relief.
3. Mrs.Thangavadhana Balakrishnan takes notice on behalf of respondents 1 to 3 and Mr.Bharathi Raja takes notice for fourth respondent.
4. Learned counsel for the petitioner pointed out that in similar facts and circumstances in the writ petition filed by a similarly placed persons, this Court in W.P.No.28038 of 2017, by the order dated 02.11.2017, has held as follows. "The respective respondents are directed to approve the appointments of non-teaching staff in the private aided colleges in these cases and to sanction grant, within a period of four weeks from the date of receipt of a copy of this order.
Thus, the issue is well settled now that any college, either minority / private / aided or unaided, is entitled to fill up the vacancy arising on account of promotion, retirement, removal, dismissal etc., against a sanctioned post already approved by the college authorities, without even obtaining prior permission from the Government. In the caes on hand, admittedly, the writ petitioners have been appointed against vacancies relating to sanctioned posts as nonteaching staff in various cadres and therefore, by following the above cited case laws , this Court hereby directs the respective respondents to approve the appointments of the non-teaching staff by the private aided colleges and to sanction the grant 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 cases. Under the circumstances, the second and third respondents are directed to consider the representation of the petitioner dated 15.10.2018, based on the proposal sent by the fourth respondent college regarding the appointment of the petitioner to the nonteaching post in the fourth respondent college, taking into
account the order passed by this Court in W.P.No.28038 of 2017, dated 02.11.2017, cited in paragraph No.4 supra, 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. The writ petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kst To 1.The Secretary State of Tamil Nadu Department of Higher Education, Fort St George, Chennai.
2.The Director of Collegiate Education College Road, Chennai 600 006.
3.The Joint Director of Collegiate Education, Tirunelveli region, Tirunelveli 627 007.
+1cc to Mr.S.Bharathirajan, Advocate sr.89580 +2cc to Mr.A.Rajesh, Advocate sr.89583, 89582 +1cc to the Government Pleader Sr.89921 W.P.No.34034 of 2018 rv[co] srg 25/01/2019