Madras High CourtWP(MD)/18294/2020disposed of

Dr.C.Sree Kumari v. The Director Of Collegiate Education

2020-12-11Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.Sree Kumari ...Petitioner in W.P.(MD) No.18294 of 2020 K.Usha Kumary ...Petitioner in W.P.(MD) No.18296 of 2020 J.Ahila Angelin ...Petitioner in W.P.(MD) No.18299 of 2020 Vs 1.The Director of Collegiate Education, College Road, Chennai 600 006.

2.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.

3.The Correspondent-Secretary, Women's Christian College, Nagercoil.

...Respondents in all W.Ps.,

PRAYER in W.P.(MD) No.18294 of 2020 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 herein to approve the petitioner's appointment as Assistant Professor in Zoology in the 3rd respondent college, in the sanctioned retirement vacancy of Dr.C.Chandral with effect from 14.11.2018, in the light of the order passed in W.A.No.2318 of 2011, P.Ravichandran-Vs-The State of Tamil Nadu dated 11.10.2013 in SLP.No.887 of 2015 dated 29.01.2019 and the approval given by the 1st respondent to the similarly placed persons Dr.Vinila Dennis and 4 others vide proceedings Na.Ka.No.3422/F2/2019 dated 01.04.2019 with monetary and all other attendant and service benefits, based on the representation of the petitioner dated 11.11.2019.

PRAYER in W.P.(MD) No.18296 of 2020 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 herein to approve the petitioner's appointment as Assistant Professor in History in the 3rd respondent college, in the sanctioned retirement vacancy of Dr.Geetha Seleena Robinson with effect from 25.01.2020, in the light 1/4

of the order passed in W.A.No.2318 of 2011, P.Ravichandran-Vs-The State of Tamil Nadu dated 11.10.2013 in SLP.No.887 of 2015 dated 29.01.2019 and the approval given by the 1st respondent to the similarly placed persons Dr.Vinila Dennis and 4 others vide proceedings Na.Ka.No.3422/F2/2019 dated 01.04.2019 with monetary and all other attendant and service benefits, based on the representation of the petitioner dated 10.03.2020. PRAYER in W.P.(MD) No.18299 of 2020 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 herein to approve the petitioner's appointment as Assistant Professor in Zoology in the 3rd respondent college, in the sanctioned retirement vacancy of Dr.R.Jeyanthi Jeeva Latha with effect from 25.01.2020, in the light of the order passed in W.A.No.

2318 of 2011, P.Ravichandran-Vs-The State of Tamil Nadu dated 11.10.2013 in SLP.No.887 of 2015 dated 29.01.2019 and the approval given by the 1st respondent to the similarly placed persons Dr.Vinila Dennis and 4 others vide proceedings Na.Ka.No.3422/F2/2019 dated 01.04.2019 with monetary and all other attendant and service benefits, based on the representation of the petitioner dated 10.03.2020. For Petitioner in all W.Ps., : Mr.S.Balamurugan For R1 & R2 in all W.Ps., : Mr.M.Jeyakumar Additional Government Pleader COMMON ORDER These Writ Petitions are filed to direct the respondents 1 and 2 to approve the petitioners' appointment as Assistant Professor in their respective department in the 3rd respondent college with monetary and all other attendant and service benefits, by considering their representations, dated 11.11.2019 and 10.03.

2020. 2.It is the grievance of the petitioners that though they have made representations, dated 11.11.2019 and 10.03.2020 to the respondents by explaining their grievance, so far no action has been taken. Hence, left with no other alternative, the present writ petitions have been filed.

3.Mr.M.Jeyakumar, learned Additional Government Pleader, who accepts notice in all the writ petitions on behalf of the respondents 1 and 2, would fairly submit that though the management of the 3rd respondent college has sent a proposal to the respondents 1 and 2 for approval of the petitioners' appointment, the same has been returned to the 3rd respondent college with some queries. He would further submit that if the management of the 3rd respondent 2/4

college give their reply, the petitioners' representations dated 11.11.2019 and 10.03.2020, would be considered on merits and in accordance with law, within a period of two weeks. 4.In reply, the learned counsel appearing for the petitioners would submit that after receiving the queries from the respondents 1 and 2, immediately, the 3rd respondent college has given their reply to them for approval of the petitioners' appointment. 5.In view of the submission made by the learned counsel on either side and in view of the fact that the management of the 3rd respondent college has already given their reply for the queries raised by the respondents 1 and 2, this Court is inclined to pass the following directions:- the 1st respondent is directed to consider the petitioners' representations dated 11.11.2019 and 10.03.

6.With the above direction, the Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Director of Collegiate Education, College Road, Chennai 600 006.

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2.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.

+3cc to Mr.S.Balamurugan, Advocate Sr.No.25172,25087,25086 +1cc to SPL GP Sr.No.25423 11.12.2020 VB (04.02.2021) 4P 7C 4/4