Vivekananda College v. The Director Of Collegiate Education

W.P.(MD).No.5778 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD).No.5778 of 2022 Vivekananda College, Represented by its Secretary, C.Rajan ... Petitioner vs.

1.The Director of Collegiate Education, DPI campus, Chennai-6.

2.The Joint Director of Collegiate Education, O/o. the Joint Director of Collegiate Education, Tirunelveli-8.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to grant approval to the promotion granted in favour of Mr.S.Kesavan to the post of Junior Assistant with effect from 28.09.2020 with all consequential benefits by considering the revised proposal submitted by the petitioner dated 19.06.2021 within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

This writ petition has been filed to direct the second respondent to grant approval to the promotion granted in favour of Mr.S.Kesavan, to the post of Junior Assistant with effect from 28.09.2020 with all consequential benefits by considering the revised proposal submitted by the petitioner dated 19.06.2021 within the time period stipulated by this Court.

2.The case of the petitioner is that on 31.07.2013, one Mr.K.Sivalingathiraviam, who was working in the post of Junior Assistant was promoted to the post of Assistant. Therefore, in order to fill up the vacancy, Mr.S.Kesavan, who was working in the post of Record Clerk in our college was granted promotion vide order dated 28.09.2020. Subsequently, the petitioner's College sent a proposal dated 27.10.2020 to the second respondent to grant approval to the promotion granted in favour of Mr.S.Kesavan and the same was returned for some clarification. Thereafter, on 19.06.2021, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.5778 of 2022 petitioner submitted the revised proposals. However, till date, no action has been taken by the second respondent. Hence, the petitioner approaches this Court to pass appropriate orders. 3.The learned Additional Government Pleader appearing for the respondents submitted that initially the second respondent has received the proposal sent by the petitioner's College on 27.10.2020 to grant approval to the promotion granted in favour of Mr.S.Kesavan and the same has been returned for some clarification. Thereafter, on 19.06.2021, the second respondent has received the revised proposal and it is under consideration. Therefore, he seeks two months time to consider the revised proposal sent by the petitioner's college.

4.Considering the above submissions, this Court directs the second respondent to consider the revised proposal submitted by the petitioner on 19.06.2021 and grant approval to the promotion granted in favour of Mr.S.Kesavan to the post of Junior Assistant, in accordance with law, within a period of two months from the date of receipt of a copy of this order.

5.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cp To 1.The Director of Collegiate Education, DPI campus, Chennai-6.

2.The Joint Director of Collegiate Education, O/o. the Joint Director of Collegiate Education, Tirunelveli-8.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-15980[F] dated 01/04/2022 ) +1 CC to M/s.SPL GP ( SR-16069[F] dated 01/04/2022 ) W.P.(MD).No.5778 of 2022 31.03.2022 RD(21.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2