Sundar Raj v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P(MD)No.160 of 2024 Sundar Raj ... Petitioner Vs.
1.The Director, Directorate of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai-600 015.
2.The Regional Joint Director of Collegiate Education, Perumalpuram, Vasantha Nagar, Tirunelveli.
3.The Principal, St.Xavier's College, Palayamkottai, Tirunelveli.
4.The Secretary, St.Xavier's College, Palayamkottai, Tirunelveli.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to take appropriate action upon the recommendation made by the 4th respondent 1/5
vide his proceedings in khR/gzp Kd;Ndw;wk;/01/2023, dated 01.06.2023 by considering the petitioner's representation, dated 26.12.2023 as expeditiously as possible within the time frame as fixed by this Court. For Petitioner : Mr.R.L.Dhilipan Pandian For R1 & R2 : Mr.G.Suriyaananth Additional Government Pleader
ORDER
The present writ petition has been filed seeking direction to the 2nd respondent to take appropriate action upon the recommendation made by the 4th respondent vide his proceedings in khR/gzp Kd;Ndw;wk;/01/2023, dated 01.06.2023 by considering the petitioner's representation, dated 26.12.2023 as expeditiously as possible within the time frame as fixed by this Court.
2. Considering the nature of the leave to be granted, the issuance of notice to the respondents 3 and 4 are dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner was appointed as Junior Assistant in St.Xavier's College since 01.07.2016 vide appointment order, dated 01.07.2016. One 2/5
A.Arokiyasamy, who worked as Assistant in the said college retired on 31.05.2023. Hence, a vacancy had arisen for the said post in the said college. The petitioner has duly cleared the necessary departmental examinations and he is entitled to be promoted to the post of Assistant before 31.05.2023. Thereafter, with an approval of the governing body of St.Xavier's College, he was promoted as Assistant with effect from 01.06.2023 forenoon in the post which had arisen due to the retirement of the said Arokiasamy. Thereafter, joining report, dated 01.06.2023 duly acknowledged by the 4th respondent was placed for approval before the 2nd respondent vide communication, dated 01.06.2023 and the petitioner has also sent a detailed representation to the 2nd respondent on 26.12.2023 through proper channel i.e., respondents 3 and 4. However, the same was not considered and kept pending before the 2nd respondent.
4. Without going into the merits of the case, this Court hereby direct the 2nd respondent to consider the representation of the petitioner, dated 26.12.2023 and pass appropriate orders in accordance with law within a period of twelve
(12) weeks from the date of receipt of copy of this order. 3/5
5. With the above said observations, this Writ Petition stands disposed of. No costs.
05.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg To 1.The Director, Directorate of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai-600 015.
2.The Regional Joint Director of Collegiate Education, Perumalpuram, Vasantha Nagar, Tirunelveli.
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L.VICTORIA GOWRI, J.
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