Meena .V v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD) No.1658 of 2023 V.Meena D/o.Velmurugan Guest Lecturer (Department of Mathematics), Government Arts and Science College, Previously Known as Madurai Kamaraj University Constitutent College, Thirumangalam, Madurai District. ... Petitioner Vs.

1.The State of Tamil Nadu Represented by its Principal Secretary, Department of Higher Education, Fort St.George, Chennai-600 009.

2.The Director of Collegiate Education, DPI Campus, College Road, Chennai-600 006.

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3.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai-625 002.

4.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai, Madurai District-625 021.

5.The Principal Government Arts and Science College, Previously Known as Madurai Kamaraj University Constituent College, Thirumangalam, Madurai District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 2 to 5 from disengaging/ relieving the petitioner from the post of Guest Lecturer at the fifth respondent College till the post of Assistant Professors, Librarians are filled up through direct recruitment at the fifth respondent college.

For Petitioner : Mr.M.Karuppasamy For R1 to R3 : Mr.T.Amjadkhan Government Advocate 2/6

O R D E R

This writ petition has been filed forbearing the respondents 2 to 5 from disengaging/ relieving the petitioner from the post of Guest Lecturer at the fifth respondent College till the posts of Assistant Professors, Librarians are filled up through direct recruitment at the fifth respondent college.

2. The case of the petitioner is that the petitioner was appointed in the post of Guest Lecturer on 07.12.2015 at the fifth respondent College on temporary basis. She rendered 7 years of service in the Department of Mathematics. However, without regularizing the service of the petitioner, the official respondents are attempting to fill up the vacant posts by showing the post of the petitioner as one of the vacancy in the upcoming general transfer counseling and if the respondents are allowed to do so, the petitioner will be thrown out from the fifth respondent College and she will be put into irreparable loss and hardship. Hence, the petitioner made a representation dated 12.01.2023 to the respondents 2 to 5 and the 3/6

same was not considered till date. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents 2 to 5 are directed to dispose of the representation of the petitioner, dated 12.01.2023, on merits and in accordance with law, within a specified period.

4. The learned Government Advocate appearing for the official respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner, dated 12.01.2023 in the light of G.O(Ms) No.183, Higher Education (G1) Department, dated 15.09.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 08.02.2023 NCC:Yes/No Index: Yes/No Internet: Yes/No cp To 1.The Principal Secretary, Department of Higher Education, Fort St.George, Chennai-600 009.

2.The Director of Collegiate Education, DPI Campus, College Road, Chennai-600 006.

3.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai-625 002.

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M.DHANDAPANI,J.

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