Madras High CourtCMP(MD)/1109/2019dismissed as infructuous

The State Represented By v. Scott Christian College

2020-01-30Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN C.M.P.(MD)Nos.1109 to 1111 of 2019 in W.A.(MD)SR Nos.45513, 45517 and 45521 of 2018 The Principal Secretary to Government, Fort St.George, Chennai.

Scott Christian College, (Autonomous), Nagercoil-629 003, Adv.C.Rober Bruce.

Prayer in C.M.P.(MD)No.1109 of 2019 : Petition filed under Section 5 M.P.(MD)No.2 of 2015 in W.P.(MD)No.22533 of 2015. Prayer in W.A.(MD)SR.No.45513 2018 : Appeal filed under Clause 15 of No.2 of 2015 in W.P.(MD)No.22533 of 2015, on the file of this Court. Prayer in MP(MD). 2/ 2015 in WP(MD).22533/2015 : To directing the respondent to permit the petitioners to fill up the posts 4 Office Assistant, 2 post of Watchman, 2 post of Waterman, 2 post of Gardener, 6 post of Sweeper and 2 post of Scavenger on regular basis and release the grant for the post, the petitioners college pending disposal of the above writ petition. Prayer in WP(MD). 22533/ 2015 :

Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records in G.O.Ms.No.219 by 1/4

the 1st respondent dated 24.10.2013 and the proceedings of the 2nd respondent in Na.Ka.No.17509/G3/2008 dated 13.11.2014 in so far as it relates to the petitioners college and quash the same and consequently direct the respondents to permit the petitioners in aid for 4 post of Office Assistant, 2 post of Watchmen, 2 post of Waterman, 2 post of Gardener, 6 post of Sweeper and 2 post of Scavenger.

For Petitioners : Mr.V.R.Shanmuganathan C.M.P.(MD)No.1110 of 2019:

the Principal Secretary to Government, Fort St.George, Chennai.

Nesamony Memorial Christian College, Marthandam, Kanyakumari District, Rt.Rev.Dr.G.Devakadaksham.

Prayer in C.M.P.(MD)No.1110 of 2019 : Petition filed under Section 5 M.P.(MD)No.2 of 2015 in W.P.(MD)No.22534 of 2015. Prayer in W.A.(MD)SR.No.45517 2018 : Appeal filed under Clause 15 of No.2 of 2015 in W.P.(MD)No.22534 of 2015, on the file of this Court. Prayer in MP(MD). 2/ 2015 in WP(MD).22534/2015 : To directing the respondents to permit the petitioner to fill up 6 post of Office Assistant, 1 post of Steno Typist, 1 post of Electrician, 1 herbarium Keeper, 1 Library Assistant, 2 Watchmen, 2 post of Gardener, 1 Waterman, 6 post of Sweeper and 1 post of Scavenger, 1 marker on regular basis and release the grant for the post pending disposal of the above Writ Petition. Prayer in WP(MD). 22534/ 2015 :

2/4

Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records in G.O. Ms.No.219 by the 1st respondent dated 24.10.2013 and quash the same and consequently direct the respondents to permit the petitioner s in aid for 6 post of Office Assistant, 1 post of Steno Typist, 1 post of Electrician, 1 herbarium Keeper, 1 Library Assistant, 2 Watchmen, 2 post of Gardener, 1 Waterman, 6 post of Sweeper and 1 post of Scavenger, 1 marker.

For Petitioners : Mr.V.R.Shanmuganathan C.M.P.(MD)No.1111 of 2019:

the Principal Secretary to Government, Fort St.George, Chennai.

Women's Christian College, Prof.V.Sunder Raj, Nagercoil-629 001.

Prayer in C.M.P.(MD)No.1111 of 2019 : Petition filed under Section 5 M.P.(MD)No.2 of 2015 in W.P.(MD)No.22535 of 2015. Prayer in W.A.(MD)SR.No.45517 2018 : Appeal filed under Clause 15 of No.2 of 2015 in W.P.(MD)No.22535 of 2015, on the file of this Court. Prayer in MP(MD). 2/ 2015 in WP(MD).22535/2015 : To directing the respondent to permit the petitioner to fill up the 1 post of Herbarium Keeper, 2 post of office Assistant, 1 post of mechanic, 1 post of marker, 2 post of watchman, 1 post of waterman, 1 post of Gardener, 4 post of Sweeper and 1 post of Scavenger on regular basis and release the grant for the post, the petitioners college pending disposal of the above WP. Prayer in WP(MD). 22535/ 2015 :

Constitution of India, praying this Court To issue a Writ of 3/4

Certiorarified Mandamus calling for the records in G.O.Ms.No.219, Higher Education dated 24.10.2013 and quash the same and consequently direct the respondents to permit the petitioners in aid for 1 post of Herbarium Keeper, 2 post of office Assistant, 1 post of mechanic, 1 post of marker, 2 post of watchman, 1 post of waterman, 1 post of Gardener, 4 post of Sweeper and 1 post of Scavenger.

For Petitioners : Mr.V.R.Shanmuganathan COMMON ORDER [Order of the Court was made by M.DURAISWAMY,J.] Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the petitioners submitted that the writ appeals have been filed as against the interim orders passed in the writ petitions and that subsequently, the writ petitions were also disposed of and therefore, the relief sought for in the present Civil Miscellaneous Petitions has become infructuous.

2. Recording the submission made by the learned Special Government Pleader appearing for the petitioners, C.M.P(MD)Nos.1109 to 1111 of 2019 are dismissed as infructuous. Consequently, W.A(MD) SR.Nos.45513, 45517 and 45521 of 2018 are rejected. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) Rsb To

1. The Principal Secretary to Government, Fort St.George, Chennai.

2. The Director of Collegiate Education, College Road, Chennai +1.CC. To Spl.Govt.Pleader in SR No.4342 C.M.P.(MD)Nos.1109 to 1111 of 2019 in W.A.(MD)SR Nos.45513, 45517 and 45521 of 2018 30.01.2020 MK (12.02.2020) 4P 4C 4/4