Madras High CourtWP(MD)/4206/2019disposed of

R.Ramasamy, v. The Director Of Collegiate

2019-03-20Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.4206 of 2019 R.Ramasamy, Secretary, Devangar Arts College, Aruppukottai Town, Virudhunagar District-626 101.

... Petitioner vs 1.The Director of Collegiate Education, College Road, Chennai-600 006.

2.The Regional Joint Director Collegiate Education, Madurai Region, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first and second respondents to permit the petitioner to fill up the vacant post arose due to retirement of Mr.K.Hari Krishnan on 31/07/2018 in the Department of Commerce, in the light of the order in W.A.No.2318 of 2011, P.Ravichandran vs The State of Tamilnadu, dated 11/01/2013 and approval given by the first and second respondents vide proceedings Na.Ka.No.24176 / G3 / 2018-15, dated 06/08/2018 and Pa.Mu.No.7554/E2/2018, dated 12.10.2018, based on the representation/proposal given by the petitioner college, dated 03.10.2018.

For Petitioner : Mr.T.Arul For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the first and second respondents to permit the petitioner to fill up the

vacant post arose due to retirement of Mr.K.Hari Krishnan on 31/07/2018 in the Department of Commerce, in the light of the order in W.A.No.2318 of 2011, P.Ravichandran vs The State of Tamilnadu, dated 11/01/2013 and approval given by the first and second respondents vide proceedings Na.Ka.No.24176 / G3 / 2018-15, dated 06/08/2018 and Pa.Mu.No.7554/E2/2018, dated 12.10.2018, based on the representation/proposal given by the petitioner college, dated 03.10.2018.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. The case of the petitioner is that as per the proceedings of the first respondent dated 28.10.1999, the petitioner college was sanctioned with 5 posts for Assistant Professors in Economics Department and out of the above said 5 posts, one post has fallen vacant. The petitioner college made representation/proposal to the first and second respondents, dated 03.10.2018 seeking approval to fill up the above said vacant post. Since the same has not been considered so far, the present Writ Petition has been filed by the petitioner.

4. The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner dated 03.10.2018, would be considered on merits.

5. In such view of the matter, without going into the merits of the petitioner's case, the respondents are directed to consider the representation/proposal of the petitioner dated 03.10.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Director of Collegiate Education, College Road, Chennai-600 006.

2.The Regional Joint Director Collegiate Education, Madurai Region, Madurai.

+1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-55506[F] dated 20/03/2019 ) ssl W.P(MD) No.4206 of 2019 20.03.2019 KM/(15.04.2019) 3P 4C