Dr.Asaithambi Dawson, v. The Director Of Collegiate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.11022 of 2017 Dr.Asaithambi Dawson, Working as, Associate Professor, Department of Commerce, Nazareth Margoschis College, Pillayanmanai, Nazareth, Thoothukudi District.

..Petitioner Vs.

1. The Director of Collegiate Education, College Road, Chennai -6.

2. The Regional Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 8, Tirunelveli District.

3. The Principal, Nazareth Margoschis College, Pillayanmanai, Nazareth, Thoothukudi District.

4. Nazareth Margoschis College, Pillayanmanai, Nazareth, Thoothukudi District, Represented by its Secretary.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take necessary action to continue the petitioner in service as Associate Professor of Commerce in the fourth respondent college till the end of the academic year 2017-2018 i.e., upto 31.05.2018 on re-employment with all service and monetary benefits. For Petitioner : Mr.V.Kannan For Respondents : Mr.C.Selvaraj, Special Government Pleader.

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to take necessary action to continue the petitioner in service as Associate Professor of Commerce in the fourth respondent college till the end of the academic year 2017-2018 i.e., up to 31.05.2018 on re-employment with all service and monetary benefits. https://hcservices.ecourts.gov.in/hcservices/

2. Heard, Mr.V.Kannan, learned counsel appearing for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents.

3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a Writ of Mandamus to give a positive direction to the respondents, the learned counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the proposal, dated 18.01.2017 sent by the fourth respondent and the petitioner's representation, dated 29.04.2017, on merits within the time stipulated by this Court.

5. Having regard to the limited scope of the prayer that is now sought for by the learned counsel for the petitioner before this Court, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The second respondent is directed to consider the proposal, dated 18.01.017, sent by the fourth respondent and the petitioner's representation, dated 29.04.2017, and pass appropriate orders on merits and in accordance with law, on or before 30.06.2017."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To

1. The Director of Collegiate Education, College Road, Chennai -6.

2. The Regional Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 8, Tirunelveli District.

+1cc to M/S. V.KANNAN, Advocate, SR.No.60134. +1cc to Special Government Pleader, SR.No.60453. ORDER MADE IN W.P.(MD).No.11022 of 2017 14.06.2017 pmu SDS/SV:MMS/SAR 1/22.06.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/