Suresh Rathinakumar v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Suresh Rathinakumar ... Petitioner Vs.

1.The Director, Directorate of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai-600 015.

2.The Regional Joint Director of Collegiate Education, No.10, N Main Road, NGO A Colony, Perumalpuram, Vasantha Nagar, Tirunelveli - 627 007.

3.The Provincial, Father's Residence, St.Mary's Higher Secondary School, Dindigul.

4.The Principal, 1/6

5.The Secretary, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd to 5th respondents to send the petitioner's promotion proposal to the 1st and 2nd respondents and consequently direct the 1st and 2nd respondents to approve the same by way of considering the petitioner's representation, dated 08.06.2023. For Petitioner : Mr.R.Jegadeeswaran For R1 & R2 : Mr.N.Ramesh Arumugam Government Advocate For R3 - R5 : Mr.K.Ragadeesh Kumar for M/s.Issac Chambers

ORDER

The present writ petition has been filed seeking direction to the 3rd to 5th respondents to send the petitioner's promotion proposal to the 1st and 2nd respondents and consequently direct the 1st and 2nd respondents to approve the same by way of considering the petitioner's representation, dated 08.06.2023. 2/6

2. The petitioner was appointed as Junior Assistant in the 4th respondent college on 01.07.2016 by the issuance of appointment order by the 5th respondent. He is qualified and eligible for the post of Assistant and now, the post of Assistant has become vacant on 31.05.2023. However, the respondents 3 to 5 are intending to fill up the said post by way of promotion. Hence, the petitioner made a representation to the respondents to give him promotion as Assistant on 08.06.2023. Since the same was not considered, this writ petition came to be filed.

3. When the case was taken up for hearing, the learned counsel for the respondents 3 to 5 circulated an appointment order, by which the petitioner is promoted as Assistant with effect from forenoon of 22.06.2023 in the place of one K.Sundararajan, who was promoted as Superintendent on 01.06.2023 forenoon.

4. However, the learned counsel for the petitioner submitted that the said appointment order has not yet been received by the petitioner and until and unless the same has been received by the petitioner, the proposal to approve the said promotion could not be forwarded. In view of the same, the learned 3/6

counsel for the respondents 3 to 5 circulated the said appointment order to the learned counsel for the petitioner today.

5. In view of the same, this Court hereby direct the 5th respondent to forward the proposal of approving the promotion of the petitioner as Assistant to the 2nd respondent and the 2nd respondent, on receipt of the same, shall pass orders in accordance with law. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition stands disposed of. No costs. 13.09.2023 NCC : No Index : No Internet : No gbg To 1.The Director, Directorate of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai-600 015.

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2.The Regional Joint Director of Collegiate Education, No.10, N Main Road, NGO A Colony, Perumalpuram, Vasantha Nagar, Tirunelveli - 627 007.

3.The Secretary, 5/6

L.VICTORIA GOWRI, J.

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