Madras High CourtWP(MD)/14583/2017disposed of

Chrissie Gracelyn David v. The Government Of Tamil Nadu

2019-04-22Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. R.MAHADEVAN W.P.(MD)No.14583 of 2017 and WMP(MD)No.11433 of 2017 Chrissie Gracelyn David .. Petitioner Vs.

1.The Government of Tamil Nadu, through its Secretary, Department of Higher Education, Fort St. George, Chennai.

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 Manonmaniam Sundaranar University, rep.by its Registrar, Abhisekapatti, Tirunelveli - 627 012.

5.The Correspondent/Secretary, Women's Christian College, Nagercoil - 629 001, Kanyakumari District.

.. Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India to issue a writ of Mandamus directing the respondents 1 to 3 to approve forthwith the appointment of the petitioner as Lecturer / Assistant Professor in English in the 5th respondent - College w.e.f. 13.06.2007 and disburse the grant in aid towards her salary with all attendant benefits.

For Petitioner : Mr.M.P.Senthil For R1 to R3 : Mrs.J.Padmavathy Devi Special Government Pleader For R5 : Mr.D.Sivaraman

ORDER

This writ petition has been filed seeking a direction to the respondents 1 to 3 to approve forthwith the appointment of the petitioner as Lecturer / Assistant Professor in English in the fifth respondent - College, with effect from 13.06.2007 and disburse the grant-in-aid towards her salary with all attendant benefits. 2.Heard the learned counsel appearing for the petitioner; the learned Special Government Pleader for the respondents 1 to 3 and the learned counsel for the fifth respondent. 3.Though the prayer in the writ petition is larger in nature, the learned counsel appearing for the petitioner, now confines the same to the extent of seeking a direction to the respondents 1 to 3 for consideration of approval of her appointment to the post of Lecturer / Assistant Professor in English, on the basis of the approval given by the fourth respondent on 20.12.2016 in respect of the petitioner's educational qualification, for which, the learned Special Government Pleader appearing for the respondents 1 to 3 has no serious objection.

4.In view of the above, this Court, without going into the merits of the case, directs the respondents 1 to 3 to consider the case of the petitioner for approval of appointment to the post of as Lecturer / Assistant Professor in English in the 5th respondent - College, based on the approval given by the fourth respondent dated 20.12.2016 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

5.The writ petition is disposed of with the above direction. No costs. Consequently, WMP(MD)No.11433 of 2017 is closed.

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS) mj To 1.The Secretary, Government of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai.

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.D.SARAVANAN, Advocate ( SR-61549[F] dated 22/04/2019 ) +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-61709[F] dated 23/04/2019 ) W.P.[MD].No.14583 of 2017 22.04.2019 ES/17.05.2019/3P/6C