N.Ambili, v. The Commissioner Of Technical
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) Nos.2955 and 2956 of 2019 N.Ambili ... Petitioner in W.P.(MD)No.2955 of 2019 M.G.P.Raja ... Petitioner in W.P.(MD)No.2956 of 2019 vs 1.The Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai - 600 025.
2.The Thiagarajar College of Engineering, represented by its Chairman & Correspondent, Madurai-625 015.
3.The Principal, Thiagarajar College of Engineering, Madurai-625 015.
... Respondents in both petitions COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to consider and pass orders forthwith on the petitioners' representations dated 07.01.2019 seeking promotion either as Artisan Grade II or Lab Assistant.
For Petitioner in both petitions : Mr. E.V.N.Siva For Respondents in both petitions : Mr.V.Anand Government Advocate for R.1 : Mr.T.Cibi Chakraborthy for R.2 and R.3 COMMON ORDER Heard the learned Counsel appearing for the petitioners and the learned Government Advocate appearing for the first respondent and the learned Counsel appearing for the respondents 2 and 3 and perused the materials available on record.
2. The prayer in these writ petitions is to consider the representations of the petitioners dated 07.01.2019 seeking promotion either as Artisan Grade II or Lab Assistant. Since the same have not been considered so far, the petitioners are before this Court by filing these writ petitions.
3. The respondents 2 and 3 have filed a counter affidavit, wherein at Paragraph No.6, it is stated as follows: "6. I state that for the purpose of constituting Staff Selection Committee for selection of candidates for both Teaching and Non-Teaching Staffs, this respondent requested the second respondent Commissioner to participate in the Selection Committee. To our surprise, the second respondent vide his Letter No.02732/A4/2019, dated 31.01.2019 informed the college that the State Government had issued G.O.(Ms) No.303, Higher Education (C1) Department, 12.12.2018 creating promotional avenues for the qualified in-service candidates and that it is not possible to constitute the Staff Selection Committee and instructed the college to send all the necessary particulars of the Non-Teaching posts. He further informed that the Staff Selection Committee can be constituted only after the receipt of the remarks from the Directorate. As such, the recruitment to the above NonTeaching posts are kept in abeyance pending guidelines from the Directorate."
4. In such view of the matter, as and when remarks are received from the Directorate, the respondents are directed to pass necessary orders on the representations of the petitioners dated 07.01.2019 one way or the other and thereafter proceed in accordance with law.
5. The Writ Petitions are disposed of with the above direction. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ssl To
1. The Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai - 600 025.
2.The Thiagarajar College of Engineering, represented by its Chairman & Correspondent, Madurai-625 015.
3.The Principal, Thiagarajar College of Engineering, Madurai-625 015.
+2CC TO MR.T.CIBI CHAKRABORTHY, Advocate Sr. No.53928 & 53929 +2CC TO MR.E.V.N.SIVA, Advocate Sr. No.53815 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 54353 W.P(MD) Nos.2955 and 2956 of 2019 13.03.2019 TR (08.04.2019) 3P 9C