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Madras High CourtWP(MD)/7185/2019disposed of

Mr.H.Packia Raj v. The Director Of Collegiate

2019-03-27Honourable Mr Justice R. Mahadevan13 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)Nos.7185 and 7281 to 7292 of 2019 WP(MD)No.7185 of 2019 H.Packia Raj ... Petitioner Vs.

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

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

3.The Secretary-cum-Correspondent, Women's Christian College, Nagercoil.

PRAYER IN WP(MD)No.7185 OF 2019: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to approve the petitioner's appointment as office Assistant in the 3rd respondent college in the sanctioned vacancy caused by the retirement of Mr.Monibalan w.e.f. 01.08.2016 in the light of approval given by the 1st respondent to similarly placed non-teaching staff Mr.Paul Pandian vide Na.Ka.No. 47530/F2/2016 dated 18.04.2017 with all monetary benefits, Seniority in Service and other attendant benefits w.e.f. 01.08.2016 based on the proposal of the 3rd respondent College dated 08.08.2016 and the petitioner's representation dated 23.01.2018. WP(MD)No.7281 OF 2019 MR.P.CHRISTOPHER JEROME

... Respondent Prayer in WP(MD). 7281/ 2019 : Writ Petition is filed under Article appointment as Laboratory Assistant in the 3rd respondent college in the sanctioned vacancy caused by the Retirement of Mr.R.Balasubramanian w.e.f. 01.10.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Cithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated 13.01.2015 with all monetary benefits based on this Hon'ble High Court and Supreme Court passed in WP.No.23712 OF 2008 DATED 26.09.2008, W.A.No.99 of 2009 dated 24.04.2009 and SLP.No. 27331 of 2013 dated 04.10.2013 with monetary benefits, Seniority in Service, and other attendant benefits with effect from 01.10.2018 based on the 3rd respondent College proposal dated 16.10.2018 and representation given by the Petitioner dated 18.01.2019.

WP(MD). 7282 OF 2019 MR.S.AUGUSTINE, 1 THE DIRECTOR OF COLLEGIATE EDUCATION, COLLEGE ROAD, CHENNAI-6

.. Respondent Prayer in WP(MD). 7282/ 2019 : Writ Petition is filed under Article appointment as Record Clerk in the 3rd respondent college in the sanctioned vacancy caused by the Promotion of Mr.J.D. Raja Victor Mansingh w.e.f. 01.10.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Cithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated WP(MD). 7283 OF 2019 MRS. B.PERSILA VASANTHA KUMARI, - Vs. - Prayer in WP(MD). 7283/ 2019 : Writ Petition is filed under Article

appointment as Record Clerk in the 3rd respondent college in the sanctioned vacancy caused by the Retirement of Mr.S.Sahayaraj w.e.f. 01.10.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Cithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated WP(MD). 7284 OF 2019 MR.R.ISAAC ARUNKUMAR 1 THE DIRECTOR OF COLLEGIATE EDUCATION, ... Respondent Prayer in WP(MD). 7284/ 2019 : Writ Petition is filed under Article appointment as Store Keeper in the 3rd respondent College in the Sanctioned vacancy caused by the Retirement of Mr.K.Nagarajan w.e.f. 01.01.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Chithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated

WP(MD). 7285 OF 2019 MR.S.THOMAS ANDREW CHELLIAH Prayer in WP(MD). 7285/ 2019 : Writ Petition is filed under Article appointment as Office Assistant in the 3rd respondent college in the sanctioned vacancy caused by the Retirement of Mr.M.Veluchamy w.e.f. 01.10.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Cithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated

WP(MD). 7286 OF 2019 MR.S.ALWIN DURAI - Vs. - 2 THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, Prayer in WP(MD). 7286/ 2019 : Writ Petition is filed under Article appointment as Office Assistant in the 3rd respondent College in the Sanctioned vacancy caused by the Promotion of Mr.A.Ravikumaran w.e.f. 01.01.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Chithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated WP(MD).7287 OF 2019 MR.A.RANIS GODWIN

Prayer in WP(MD). 7287/ 2019 : Writ Petition is filed under Article appointment as Office Assistant in the 3rd respondent College in the Sanctioned vacancy caused by the Promotion of Mr.S. Rajendran w.e.f. 01.01.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Chithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated WP(MD). 7288 of 2019 MRS.C. REVATHY, ... Respondent Prayer in WP(MD). 7288/ 2019 : Writ Petition is filed under Article

appointment as Office Assistant in the 3rd respondent college in the sanctioned vacancy caused by the Promotion of Mr. J.D. Raja Victor Mansingh w.e.f. 01.10.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Cithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated WP(MD).7289 of 2019 MRS. B.KALAISELVI Prayer in WP(MD). 7289/ 2019 : Writ Petition is filed under Article appointment as Office Assistant in the 3rd respondent College in the Sanctioned vacancy caused by the Promotion of Mr.S. Sahayaraj w.e.f. 01.01.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Chithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated

WP(MD).7290 of 2019 MR.N.FRANCIS ALEXANDER ... Respondent Prayer in WP(MD). 7290/ 2019 : Writ Petition is filed under Article appointment as Office Assistant in the 3rd respondent College in the Sanctioned vacancy caused by the Promotion of Mr J.Rajarathinam w.e.f. 01.01.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Chithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated

WP(MD). 7291 of 2019 MR.C.KARTHIKEYAN, Prayer in WP(MD). 7291/ 2019 : Writ Petition is filed under Article appointment as Office Assistant in the 3rd respondent college in the sanctioned vacancy caused by the Promotion of Mr. M. Jeevasirppy w.e.f. 01.10.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Cithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated WP(MD). 7292 of 2019 MR.A.PAUL DURAI - Vs. -

Prayer in WP(MD). 7292/ 2019 : Writ Petition is filed under Article appointment as Office Assistant in the 3rd respondent College in the Sanctioned vacancy caused by the Dismissal of Mr.P.Chellachamy w.e.f. 01.01.2018 in the light of approval given by the 1st respondent to the similarly placed non-teaching staffs Mr.M.Stephen and Mr.Chithirairaj Gnanadhasan vide Na.Ka.No. 59741/F2/2014 dated IN ALL WP's For Petitioner : Mr.T.Arul For Respondent : Mr.CM.Marichelliah Prabhu, Nos.1 and 2 Additional Government Pleader COMMON ORDER The prayer made in these writ petitions is to direct the 1st respondent to to approve the petitioners' appointments in the 3rd respondent College, in the light of approval given by the 1st respondent to similarly placed staff with all monetary benefits, seniority in service and other attendant benefits, based on the

proposals of the 3rd respondent College and the petitioners' representations.

2.Heard the learned Counsel for the petitioners and the learned Additional Government Pleader appearing for the respondent Nos.1 and 2. By Consent, these writ petitions are taken up for final disposal at the stage of admission itself.

3.The grievance of the petitioners is that they are working in the 3rd respondent College and the 3rd respondent College sent proposals to the 1st and 2nd respondents, seeking approval of the appointments of the petitioners. When similarly placed persons were given benefits of approval of appointment with all other attendant benefits, the petitioners' appointments alone have not been approved. In connection with the same, the petitioners have made representations, which have also not been considered by the respondent Nos.1 and 2. Hence, the petitioners have approached this Court, for appropriate orders.

4.The learned Additional Government Pleader appearing for the official respondents, submitted that the representations of the petitioners would be considered on merits within the time stipulated by this Court.

5.Under these circumstances, this Court, without going into the merits of the case, directs the respondent Nos.1 and 2 to consider the petitioners' respective representations qua their claim for approval of appointments, on merits and in accordance with law and also in the light of the proposals sent by the respondent No.3 and pass necessary orders, within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petitions are disposed of, on the above terms. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) dsk To 1.THE DIRECTOR OF COLLEGIATE EDUCATION, COLLEGE ROAD, CHENNAI - 600 006.

2.THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, TIRUNELVELI REGION, TIRUNELVELI.

3.THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, MADURAI REGION, MADURAI.

4 THE SECRETARY 13CC'S TO MR. T.ARUL, ADVOCATE SR Nos.57130, 57250, 57249, 57248, 57245, 57247, 57246, 57244, 57243, 57242, 57251, 57241, 57240.

2CC'S TO THE SPL GOVT PLEADER SR 57342, 57752. DS 27/04/2019 13P/20C WP(MD)Nos.7185 and 7281 to 7292 of 2019 27.03.2019