S.A.Rajesh Jeeva Sheba Raj v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.Rajesh Jeeva Sheba Raj ... Petitioner Vs.
1.The State of Tamilnadu Rep. by its Secretary, High 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, Tirunelveli Region, 18, Tiruchendur Road, Murugankurichy, Tirunelvei - 627 002.
4.Scott Christian College Rep. by its Secretary-Cum-Correspondent, Weavers Colony, Nagercoil, Kanyakumari District - 629 001.
... Respondents 1/7
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first respondent to issue appropriate instructions to the second respondent and third respondent to sanction the petitioner's appointment to the post of Marker at the college of the fourth respondent in the sanctioned vacancy caused by the retirement of Mr.P.Lenin Ford Singh with effect from 03.09.2019 consequently with monetary and all other attendant and service benefits by considering the petitioner's representation, dated 14.01.2020 sent by the petitioner on 16.01.2020.
For Petitioner : Mrs.S.Prabha For Respondents : Mr.T.Amjadkhan - for R1 to R3 Government Advocate : No Appearance - R4
O R D E R
This Writ Petition has been filed to direct the first respondent to issue appropriate instructions to the second respondent and third respondent to sanction the petitioner's appointment to the post of 2/7
Marker at the college of the fourth respondent in the sanctioned vacancy caused by the retirement of Mr.P.Lenin Ford Singh with effect from 03.09.2019 consequently with monetary and all other attendant and service benefits by considering the petitioner's representation, dated 14.01.2020 sent by the petitioner on 16.01.2020.
2. The learned counsel for the petitioner would submit that the fourth respondent College appoint the petitioner as Marker in lieu of retirement of one P.Lenin Ford Singh and the same was sent for approval. However, the approval was not granted. Hence, the petitioner made a representation, dated 14.01.2020 and the same was not considered. Hence, the present writ petition is filed with the abovesaid prayer.
3. The learned counsel for the petitioner would submit that this Court may issue a direction to the second respondent to consider and pass appropriate orders on the representation of the petitioner, dated 14.01.2020.
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3. The respondents 1 to 3 filed a counter affidavit stating that though the petitioner claimed that he sent a representation on 12.09.2019 to the respondents 1 to 3 through the fourth respondent College and the same was not received and no proposal was forwarded by the College Committee for appointing the petitioner. If any proposal is forwarded by the fourth respondent College, appropriate orders will be passed within the time limit.
4. Considering the facts and circumstances of this case, this Court, without expressing any opinion on the merits of the matter, directs the fourth respondent to forward the proposal seeking to appoint the petitioner as a Marker to the second respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall consider and pass appropriate orders on merits and in accordance with law within the prescribed time. 4/7
5. With the above directions, this writ petition is disposed of. No costs.
08.12.2022 Index :Yes/No Internet : Yes / No RM 5/7
To 1.The District Collector Sivagangai, Sivagangai District.
2.The Personal Assistant to District Collector, Collectorate Office, Sivagangai, Sivagangai District.
3.The Special Officer/the Block Development Officer, Village Panchayat, Kalayarkovil, Sivagangai, Sivagangai District.
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M.DHANDAPANI,J.
RM 08.12.2022 7/7