Dr.D.Arul Asir Abraham v. The Director Of Collegiate Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P(MD)Nos.5856 to 5858 of 2020 1.D.Arul Asir Abraham 2.V.Jebamani Monsingh 3.J.Barnabas Jacob 4.J.Amal Rajan Gnanadoss 5.J.David Gnanaraj 6.S.Paul David Selson ... Petitioners Vs.
1.The Director of Collegiate Education, College Road, Chennai - 600 006.
2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.
3.The Correspondent cum Secretary, St. John's College, Palayamkottai, Tirunelveli District - 627 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the second respondent Joint Director vide impugned proceedings in Na.Ka.No.4092/A2/2019, dated 12.03.2020, quash the same insofar as the petitioners herein are concerned and further direct the respondents 1 and 2 herein to disburse the grant-in-aid towards their salary and other attendant benefits with effect from 17.06.2009 in the light of the proceedings of the second respondent granting appointment approval to the petitioners. For Petitioners : Mr.T.Cibi Chakraborthy For RR 1 & 2 : Mr.K.S.Selvaganesan Government Advocate For R - 3 : Mr.S.C.Herold Singh
ORDER
The petitioners have filed the present Writ Petition, to quash the impugned order passed by the second respondent, dated 12.03.2020 and to direct the respondents 1 and 2 to disburse the grant-in-aid towards their salary and other attendant benefits with effect from 1/3
17.06.2009 in the light of the proceedings of the second respondent granting appointment approval to the petitioners. 2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. 3.When the matter is taken up for hearing today, the learned counsel appearing for the petitioners submitted that the first respondent, by proceedings, dated 19.04.2021, cancelled the impugned order in the present Writ Petition, dated 12.03.2020 and in view of the same, nothing survives for adjudication in the present Writ Petition and the same has become infructuous. 4.
In view of the above submissions, the third respondent is directed to re-submit the proposal of the petitioners for disbursement of salary and other attendant benefits from 17.06.2009 in the light of the proceedings of the second respondent approving the appointment of the petitioners, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said proposal, the respondents 1 and 2 are directed to pass orders on the proposal within a period of four weeks thereafter. 5.With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Director of Collegiate Education, College Road, Chennai - 600 006.
2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.
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+1 CC to M/s.T.CIBI CHAKRABORTHY, Advocate ( SR-23953[F] dated 27/07/2021 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-23958[F] dated 27/07/2021 ) +1 CC to M/s.SPL GP ( SR-24028[F] dated 27/07/2021 ) 26.07.2021 LS(CO) KB(05.08.2021) 3P 6C 3/3