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Madras High CourtWP(MD)/3667/2019disposed of

P.Augustus Robince, v. The Government Of Tamilnadu

2019-03-25Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.3667 of 2019 and W.M.P.(MD)Nos.2870 and 4526 of 2019 P.Augustus Robince ... Petitioner Vs 1.The Government of Tamil Nadu, represented by its Principal Secretary, Department of Higher Education, Fort St.George, Chennai - 600 009.

2.The Director of Collegiate Education, D.P.I.Campus, College Road, Nungambakkam, Chennai - 600 006.

3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.

4.St.John's College, represented by its Secretary, Palayamkottai, Tirunelveli District.

5.The Principal, St.John's College, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 3 to 5 to continue to pay salary and other service benefits to the petitioner.

For Petitioner : Mr.R.Subramanian For R1 to R3 : Mr.C.M.Marichellaiah Prabhu Additional Government Pleader For R4 :Mr.J.Bharathan For R5 :Mr.C.Jeganathan for M/s.Veera Associates ***

ORDER

The writ petition came to be filed for a direction to the respondents 3 to 5 to continue to pay salary and other service benefits to the petitioner.

2.Heard the learned counsel appearing on both sides and perused the materials available on record.

3.It is the case of the petitioner that he was initially appointed as Lecturer in the respondent college, on 05.12.2001 and the respondent college did not obtain qualification approval from https://hcservices.ecourts.gov.in/hcservices/

the University. Due to some dispute in the College, the petitioner was given another appointment order, dated 11.08.2008 and after several litigations, his appointment was approved only from the date of second appointment, ie., 11.08.2008. Seeking to pay the salary continuously, the petitioner sent a representation to the respondents. Since the same has not been considered, he is before this Court.

4.Upon notice, the learned Additional Government Pleader appearing for the respondents 1 to 3, submitted that the prayer of the petitioner for continuous salary with other service benefits is under consideration and appropriate orders would be passed by the respondent authorities within a short span of time. 5.Recording the same, the writ petition is disposed of, directing the respondent authorities to pass appropriate orders on the representation of the petitioner, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary, Department of Higher Education, Fort St.George, Chennai - 600 009.

2.The Director of Collegiate Education, D.P.I.Campus, College Road, Nungambakkam, Chennai - 600 006.

3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.

+1cc to Mr.R.Subramanian, Advocate, SR.No.56643 +1cc to Mr.T.R.JEYAPALAM, Advocate, SR.No.56489 +1cc to M/S.VEERA ASSOCIATES,Advocate, SR.No. 56534 +1cc to M/s.Special Government Pleader,SR.No. 56563 W.P.(MD)No.3667 of 2019 CMR KK/SAR/29.04.2019/ 2P- 8C https://hcservices.ecourts.gov.in/hcservices/