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Madras High CourtWP(MD)/15732/2020disposed of

A.Jesy v. The Director Of Collegiate Education

2020-11-10Honourable Mr Justice R. Mahadevan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.11.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN A.Jesy ... Petitioner in WP(MD)No.15732 of 2020 P.Mary Stella ... Petitioner in WP(MD)No.15734 of 2020 T.Selvan ... Petitioner in WP(MD)No.15736 of 2020 F.Selva Rani ... Petitioner in WP(MD)No.15739 of 2020 A.Rejini ... Petitioner in WP(MD)No.15740 of 2020 S.Yamuna ... Petitioner in WP(MD)No.15741 of 2020 Vs.

1.The Director of Collegiate Education, College Road, Chennai-06 2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli 3.The Secretary, St. Jude's College, Thoothoor .

... Respondents in all WPs Prayer in WP(MD)No.15732 of 2020:

Writ Petitions are filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to approve the petitioner's appointment as Scavenger in the 3rd Respondent College in the sanctioned vacancy caused by the Voluntary Retirement of Thiru.G.Soman with effect from 06.08.2005 in the light of the approval given by the respondent to the similarly placed persons like Mrs.Josphin Panimaya Rusya and 9 others vide proceedings Pa.Mu.No.5748/Vo3/2016 dated 12.2.2020 and R.Sorubalatha and 6 others vide proceedings Pa.Mu.No.4874/A2/2013 dated 23.08.2019 in WP(MD)No.1234 of 2014 dated 24.02.2015 in WA(MD) No.931 of 2018 dated 12.7.2018 and in Special Leave Petition SLP.No.323 of 2019, dated 18.01.2019 with monetary and all other attendant and service benefits based on the representation of the petitioner, dated 07.06.2018 and 05.03.2020.

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Prayer in WP(MD). 15734 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-4. Pleased to issue writ of Mandamus or any other appropriate Writ or Order or Direction in the nature of a Writ directing the 1st and 2nd respondents to approve the petitioners appointment as Watchman in the 3rd Respondent College in the sanctioned vacancy caused by the Death of Mr.K.Vasu with effect from 06.08.2005 in the light of the approval given by the respondent to the similarly placed persons like Mrs.Josphin Panimaya Rusya and 9 others vide proceedings Pa.Mu.No.5748/Vo3/2016 dated 12.2.2020 and R.Sorubalatha and 6 others vide proceedings Pa.Mu.No.4874/A2/2013 dated 28.08.2019 in WP(MD)No.1234 of 2014 dated 24.2.2015 in WA(MD) No.931 of 2018 dated 12.7.2018 and in Special Leave Petition SLP No.323 of 2019 dated 18.01.2019 with monetary and all other attendant and service benefits based on the respesentation of the petitioner dated 07.06.2018 and 05.03.2020 Prayer in WP(MD). 15736 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-4. Pleased to issue writ of Mandamus or any other appropriate Writ or Order or Direction in the nature of a Writ directing the 1st and 2nd respondents to approve the petitioners appointment as watchman in the 3rd Respondent College in the sanctioned vacancy caused by the Death of Mr.G.George, with effect from 06.08.2005 in the light of the approval given by the respondent to the similarly placed persons like Mrs.Josphin Panimaya Rusya and 9 others vide proceedings others vide proceedings Pa.Mu.No.4874/A2/2013 dated 28.08.2019 in WP (MD)No.1234 of 2014 dated 24.2.2015 in WA(MD) No.931 of 2018 dated 12.7.2018 and in Special Leave Petition SLP No.323 of 2019 dated 18.01.2019 with monetary and all other attendant and service benefits based on the respesentation of the petitioner dated 07.06.2018 and 05.03.2020 Prayer in WP(MD). 15739 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-4. Pleased to issue writ of Mandamus or any other appropriate Writ or Order or Direction in the nature of a Writ directing the 1st and 2nd respondents to approve the petitioners appointment as Sweeper in the 3rd Respondent College in the sanctioned vacancy caused by the Promotion of Mrs.Maria Bismi with effect from 06.08.2005 in the light of the approval given by the respondent to the similarly placed persons like Mrs.Josphin Panimaya Rusya and 9 others vide proceedings others vide proceedings Pa.Mu.No.4874/A2/2013 dated 28.8.2019 in WP 2/5

(MD)No.1234 of 2014 dated 24.2.2015 in WA(MD) No.931 of 2018 dated 12.7.2018 and in Special Leave Petition SLP No.323 of 2019 dated 18.01.2019 with monetary and all other attendant and service benefits based on the respesentation of the petitioner dated 07.06.2018 and 05.03.2020 Prayer in WP(MD). 15740 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-4. Pleased to issue writ of Mandamus or any other appropriate Writ or Order or Direction in the nature of a Writ directing the 1st and 2nd respondents to approve the petitioners appointment as Marker in the 3rd Respondent College in the sanctioned vacancy caused by the Retirement of Mr.J.Susadimai with effect from 07.07.2006 in the light of the approval given by the respondent to the similarly placed persons like Mrs.Josphin Panimaya Rusya and 9 others vide proceedings others vide proceedings Pa.Mu.No.4874/A2/2013 dated 28.08.2019 in WP (MD)No.1234 of 2014 dated 24.2.2015 in WA(MD) No.931 of 2018 dated 12.7.2018 and in Special Leave Petition SLP No.323 of 2019 dated 18.01.2019 with monetary and all other attendant and service benefits based on the respesentation of the petitioner dated 07.06.2018 and 05.03.2020 Prayer in WP(MD). 15741 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-4. Pleased to issue writ of Mandamus or any other appropriate Writ or Order or Direction in the nature of a Writ directing the 1st and 2nd respondents to approve the petitioners appointment as Water woman in the 3rd Respondent College in the sanctioned vacancy caused by the Retirement of Mr.Francis with effect from 1.8.2013 in the light of the approval given by the respondent to the similarly placed persons like Mrs.Josphin Panimaya Rusya and 9 others vide proceedings others vide proceedings Pa.Mu.No.4874/A2/2013 dated 28.8.2019 in WP (MD)No.1234 of 2014 dated 24.2.2015 in WA(MD) No.931 of 2018 dated 12.7.2018 and in Special Leave Petition SLP No.323 of 2019 dated 18.01.2019 with monetary and all other attendant and service benefits based on the respesentation of the petitioner dated 07.06.2018 and 05.03.2020 in all WPs For Petitioner : Mr.A.Balamurugan For R-1 & R-2 : Mr.K.P.Narayanakumar Special Government Pleader 3/5

COMMON ORDER These Writ Petitions are filed seeking a direction to the first and second respondents to approve the petitioners' appointment in the third Respondent College in the sanctioned vacancy with effect from 06.08.2005 in the light of the approval given by the second respondent to the similarly placed persons like Mrs.Josphin Panimaya Rusya and 9 others vide proceedings others vide proceedings Pa.Mu.No.4874/A2/2013 dated 23.08.2019 in WP(MD)No.1234 of 2014 dated 24.02.2015 in WA(MD) No.931 of 2018 dated 12.7.2018 and in Special Leave Petition SLP.No.323 of 2019, dated 18.01.2019 with monetary and all other attendant and service benefits based on the representations of the petitioners, dated 07.06.2018 and 05.03.2020.

2. Heard the learned Counsel appearing for the petitioners and the learned Special Government Pleader, who takes notice for the respondents 1 & 2. In view of the order going to be passed, there is no need to issue notice to the third respondent.

3. By consent, the Writ Petitions are taken up for final disposal at the stage of admission itself.

4. The case of the petitioners is that the petitioners were appointed as non-teaching staff in a sanctioned vacancy and still working in the third respondent College and no salary was paid till date. The third respondent College has sent proposals for approving the appointments of the petitioners. The grievance of the petitioners is that the proposals sent by the College seeking approval of appointment of the petitioners were not considered. Hence, the petitioners gave representations to the respondents on 07.06.2018 and 05.03.2020. Since the same have not been considered so far, the present Writ Petitions are filed before this Court.

5. The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the representations submitted by petitioners would be considered on merits and in accordance with law, within a time frame as fixed by this Court.

6. Considering the nature of the relief as sought for by the petitioners, without going into the merits of the case, the respondents are directed to consider the representations of the petitioners dated 07.06.2018 and 05.03.2020 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioners within a period of twelve weeks from the date of receipt of a copy of this order. 4/5

7. The Writ Petitions stand disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) ls/pm To 1.The Director of Collegiate Education, College Road, Chennai-06 2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli +1 CC to M/s.GP ( SR-21930,21933,21934,21937 & 21938[F] dated 11/11/2020 ) W.P(MD)Nos.15732, 15734, 15736, 15739, 15740 and 15741 of 2020 10.11.2020 KM(CO) TR(24.11.2020) 5P 4C 5/5