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Madras High CourtWP(MD)/7642/2020disposed of

S.Suga v. The State Of Tamilnadu

2021-07-26Honourable Ms.Justice V.M.Velumani3 pages

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.7131, 7133 & 7134 of 2020 1.S.Suga 2.S.Nirmala 3.P.Jeba Evangeline 4.D.Jane Mercy Arputhamani 5.M.Henrietta Gnanam 6.K.Mangala Sundari 7.C.Nirmala Devi 8.E.Mary Christobel 9.S.G.Pushpalatha Gracelin 10.J.Golden Ebenezer Jebamani ... Petitioners Vs.

1.The State of Tamil Nadu, Rep. By its Secretary, Department of Higher Education, Fort St. George, Chennai - 600 009.

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

3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.

4.The Correspondent cum Secretary, Sarah Tucker College (Autonomous), Tirunelveli, 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.3703/A3/2019, dated 12.03.2020, quash the same insofar as the petitioners herein are concerned and further direct the respondents 1 to 3 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 third respondent granting appointment approval to the petitioners.

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For Petitioners : Mr.T.Cibi Chakraborthy For RR 1 to 3 : Mr.K.S.Selvaganesan Government Advocate For R - 4 : 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 to 3 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 third 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 to 3 and the learned counsel appearing for the fourth respondent. 3.When the matter is taken up for hearing today, the learned counsel appearing for the petitioners submitted that the second 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 fourth 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 third 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 to 3 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 2/3

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 Secretary, Department of Higher Education, Fort St. George, Chennai - 600 009.

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

3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.

+1 CC to M/s.T.CIBI CHAKRABORTHY, Advocate ( SR-23952[F] dated 27/07/2021 ) 26.07.2021 LS(CO) KB(05.08.2021) 3P 5C 3/3