J.Selvarani v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.16685 of 2024 & W.M.P.(MD)No.14443 of 2024 J.Selvarani ... Petitioner vs.

1.The Secretary to Government, Department of Higher Education, St.George Fort, Chennai.

2.The Director of College Education, D.P.I. Compound, College Road, Chennai.

3.The Regional Director of College Education, Tirunelveli District, Tirunelveli.

4.The Correspondent, Sarah Tucker College, Palayamkottai, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pursuant to the impugned order passed by the 3rd respondent in Pa.Mu.No.3701/AA3/2019-2 dated 13.12.2019 in so far as granting 1/6

approval with effect from 06.11.2019 and consequently direct the respondents to disburse arrears of salary and all other service and monetary benefits such as yearly increment, Medical Leave and Earned Leave etc. confer all other service and monetary benefit forthwith with effect from 17.01.2018 forthwith.

For Petitioner :

Mr.S.Chellapandian For Respondents :

Mr.T.Amjadkhan Government Advocate for R1 to R3

O R D E R

Heard Mr.S.Chellapandian, learned counsel appearing for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents.

2. The petitioner has filed this writ petition seeking to quash the impugned order of the third respondent in Pa.Mu.No.3701/AA3/2019-2 dated 13.12.2019 in so far as granting approval with effect from 06.11.2019 and consequently direct the respondents to disburse arrears of salary, yearly increment, medical leave and earned leave etc. and confer all other service and monetary benefits forthwith with effect from 17.01.2018.

2/6

3. Mr.S.Chellapandian, learned counsel appearing for the petitioner submitted that the petitioner's appointment has been made on 17.01.2018 and hence, approval ought to have been granted from 17.01.2018.

4. Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents 1 to 3 submitted that it is for the College Management who is the appointing authority of the petitioner to send a proposal as claimed by the petitioner. But, so far, such proposal has not been received by the second respondent.

5. In fact, the learned counsel for the petitioner has cited the earlier orders of this Court dated 06.03.2024 in W.P.(MD)No.654 of 2024, wherein, similarly placed person has filed a petition seeking similar relief.

6. On perusal of the said order, it is seen not seen whether the fourth respondent College therein has sent a proposal by vouching the 3/6

appointment of the petitioner therein with effect from 08.03.2018. If the present petitioner claims her date of appointment relates back to the date 17.01.2018, then she can give a representation to the fourth respondent College to send a proposal to the second respondent in this regard and cause an order to be passed as requested by her on merits.

7. In view of the above observations, the writ petition is disposed of and the petitioner is at liberty to give a representation to the fourth respondent College to send a proposal to the second respondent stating that the petitioner was appointed on 17.01.2018 itself. No costs. Consequently, connected Miscellaneous Petition is closed. 24.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 4/6

To 1.The Secretary to Government, Department of Higher Education, St.George Fort, Chennai.

2.The Director of College Education, D.P.I. Compound, College Road, Chennai.

3.The Regional Director of College Education, Tirunelveli District, Tirunelveli.

5/6

R.N.MANJULA, J.

mbi 24.07.2024 6/6