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Madras High CourtWP(MD)/9686/2019disposed of

J.Roselin v. Anna University

2019-04-23Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9686 of 2019 and WM.P.(MD)Nos.7609 and 7610 of 2019 Dr.J.Roselin ... Petitioner vs.

Anna University Represented by its Registrar, Sardar Patel Road, Chennai - 600 025.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the impugned orders passed by the respondent in Memo No.67551/PR21/09, dated 05.04.2019 and Procs.No.351/PR26/2019/Development dated 21.01.2019 and quash the same.

For Petitioner :Mr.R.Subramanian For Respondent : Mr.K.Govindarajan

ORDER

The Writ Petition is filed seeking to quash the impugned orders passed by the respondent in Memo No.67551/PR21/09, dated 05.04.2019 and Procs.No.351/PR26/2019/Development, dated 21.01.2019.

2. Heard the learned Counsel appearing for the petitioner and the learned Counsel, who takes notice for the respondent. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The learned Counsel appearing for the petitioner submitted that the petitioner was appointed as Assistant Professor in the Department of Computer Science and Engineering in Anna University, Tirunelveli in the year 2009. While so, the respondent issued impugned order dated 21.01.2019, deploying the petitioner to University College of Engineering, Nagercoil with effect from 01.02.2019 until further orders. Therefore, the petitioner is before this Court.

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4. The learned Counsel appearing for the respondent fairly submitted that due to communication gap, the impugned order came to be passed and hence, the same may be set aside and the matter may be remitted back to the respondent for fresh consideration. He also submitted that the seniority position of the petitioner will also be considered before passing any order as directed by this Court in the earlier writ petitions in W.P.(MD)Nos.2083, 2084 and 2358 of 2019, dated 18.02.2019.

5. Considering the facts and circumstances of the case and also having regard to the submissions made by the learned Counsel on either side, the impugned order dated 21.01.2019 passed by the respondent is set aside and the matter is remitted back to the respondent. The respondent is directed to consider the claim of the petitioner for deploying him back to Nagercoil by considering her seniority and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal 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. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To The Registrar, Anna University Sardar Patel Road,Chennai - 600 025.

+1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-62054[F] dated 24/04/2019 ) +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-62001[F] dated 24/04/2019 ) ssl W.P(MD)No.9686 of 2019 and WM.P.(MD)Nos.7609 and 7610 of 2019 23.04.2019 KM/(24.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/