Abbas Mandri I v. The Director Of Public Library

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.15946 of 2021 & WMP (MD) no.12881 of 2021 I.Abbas Mandri, ... Petitioner vs.

1.The Director of Public Library, O/o Directorate of Public Libraries, 737/1, Anna Salai, Chennai.

2.The District Library Officer, O/o the District Library Office, 144-West Pulinur Road, Sirgara Thoppu, Trichy - 8.

... Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to post the petitioner as Librarian Grade III through recruitment by transfer taking into consideration of the petitioner's qualification as was granted in respect of the similarly placed person vide proceedings in Na.Ka.No.7319/A1/2008 dated 25.03.2008 by considering the petitioner's representation dated 14.07.2021.

For Petitioner : Mr.Mohamed Suhail For M/s.Ajmal Associates For R-1 & R-2 : Mr.A.K.Manikkam, Counsel for State.

O R D E R

This Writ Petition has been filed by the petitioner, praying for issuance of a Writ of Mandamus, to direct the first respondent to post the petitioner as Librarian Grade III through recruitment by transfer taking into consideration of the petitioner's qualification as was granted in respect of the similarly placed person vide proceedings Na.Ka.No.7319/A1/2008 dated 25.03.2008 by considering the petitioner's representation dated 14.07.2021.

2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.

3. By consent of both parties, this writ petition is taken up 1/3

for final disposal at the admission stage itself.

4. According to the petitioner, he was appointed as Junior Assistant on 10.05.2000 and due to his health reasons, he relinquished his promotion to the post of Assistant on four occasions. However, he is willing to be appointed as Librarian Grade III since he completed the Certificate and Library and Information Science Course (CLIS) in 2016. He is qualified with foundation course offered by Annamalai University which is equivalent to 10th standard as per G.O.Ms.Nos.528 and 219 P & AR Department dated 18.05.1995 and 30.03.2018. Hence, he made a representation on 14.07.2017 to the 1st respondent to post him as a Librarian Grade III. The grievance of the petitioner is that while similarly placed person was posted as Librarian Grade III by way of recruitment by transfer and despite his representation, he was not posted as such. Hence, the Writ Petition.

5. The learned counsel for the respondens would submit that as per the existing Rules, if the petitioner is eligible for consideration to the post of Librarian Grade III by recruitment by transfer, his representation would be considered and disposed of in accordance with law within a reasonable time as directed by this Court.

6. In view of the submissions made by the learned counsel on either side, and also considering the limited scope of prayer as sought by the petitioner, without expressing any opinion on merits, this Court directs the respondents to consider the petitioner's representation dated 14.07.2008 and pass appropriate orders therein in accordance with law and on merits, within a period of 12 weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Dn To 1.The Director of Public Library, O/o Directorate of Public Libraries, 737/1, Anna Salai,Chennai.

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2.The District Library Officer, O/o the District Library Office, 144-West Pulinur Road, Sirgara Thoppu, Trichy - 8.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-28487[F] dated 08/09/2021 ) +1 CC to M/s.GP ( SR-28668[F] dated 09/09/2021 ) 07.09.2021 RD(21.09.2021) 3P 5C 3/3