T.Sumitha Celin, v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.15033 of 2016 T.Sumitha Celin ... Petitioner Vs.
1. The Principal Secretary to Government, Higher Education Department, Secretariat, Chennai.
2. The Director of College Education, College Road, Chennai.
3. The Joint Director of College Education, Tirunelveli.
4. The Registrar, Manonmaniam Sundaranar University, Tirunelveli.
5. The Scott Christian College, Nagercoil, represented by its Correspondent/Secretary, Nagercoil, Kanyakumari District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to approve the appointment of the petitioner as Chemistry Lecturer in the fifth respondent's college from the date of initial appointment i.e., from 18.09.2011 to 07.07.2014 with all attendant benefits and pay the arrears of salary, by considering the representation of the petitioner, dated 11.04.2016.
For Petitioner : Mr.S.C.Herold Singh For R1 to R3 : Mr.T.R.Janarthanan Additional Government Pleader For R4 : Mr.Mahaboob Athiff for M/s. Ajmal Associates For R5 : Mr.F.Deepak
O R D E R
T.Sumitha Celin, D/o.K.Thangadurai, having the requisite qualification viz., M.Sc., in Chemistry along with Master of Philosophy obtained from Annamalai University and also passed the eligibility test for Lectureship in September 2004. Therefore, in a vacancy arose in the fifth respondent College, due to the retirement of Mr.R.Appu Rajamani the petitioner was appointed as Lecturer in Chemistry, in the pay scale of Rs.15600-39100+AGP Rs.6000 with usual allowance permissible under the Rules and subject to the terms and conditions stipulated by the College. But, she was not paid with salary for the reason that his appointment was not approved. The fifth respondent/the Correspondent of the College sent proposals to the second respondent/the Directorate of College Education, Chennai, on various occasions, but till date the same has not been considered.
2. When the fifth respondent College has already sent the proposal to the Directorate of College Education, Chennai, prima facie the petitioner is having the requisite qualification. Therefore, the petitioner's appointment was approved from 07.07.2014, by proceedings dated 28.08.2015, passed by the second respondent / the Director of College Education, Chennai. Now, the grievance of the petitioner is that her appointment should be approved from the date of appointment i.e., 18.09.2011.
Therefore, the representation given by the fifth respondent College to the second respondent shall be directed to be considered.
3. When the second respondent, the Directorate of College Education, Chennai, had already considered the approval of the appointment of the petitioner with effect from 07.07.2014, on that basis, he has withheld the approval from 18.09.2011. Therefore, the proposal made by the fifth respondent to the second respondent shall be considered, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar akv To
1. The Principal Secretary to Government, Higher Education Department, Secretariat,Chennai.
2. The Director of College Education, College Road,Chennai.
3. The Joint Director of College Education, Tirunelveli.
4. The Registrar, Manonmaniam Sundaranar University, Tirunelveli.
+1CC to Mr.S.C.Herold Singh, Advocate Sr.No.48668 +1CC to Spl.Government Pleader Sr.No.48109 CSL/CK/9.9.16-3p-7c W.P.(MD)No.15033 of 2016 29.08.2016