Udhayakumar .R v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Udhayakumar ... Petitioner Vs.

1.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai-600 015.

2.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai-625 002.

3.The Secretary/Correspondent, V.V.Vanniaperumal College for Women, Virudhunagar-626 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd Respondent herein to approve the petitioner's Promotion as Junior Assistant in the 3rd respondent College, in the Promotion vacancy of C.Lilly Rose with effect from 01.06.2023 in the light of approval given by the 1st respondent to the similarly place person K.Angamuthu vide his proceedings Na.Ka.No.4396/G4/2018 dated 08.07.2021 based on the order passed by this Court in W.P.(MD)No. 1/5

12783 of 2017 dated 19.12.2018 in W.A.No.9 of 2020 on 25.03.2021 with monetary and all other attendant and service benefits based on the representation given by the petitioner.

For Petitioner : Mr.S.Balamurugan For R1 & R2 : Mr.N.Ramesh Arumugam Government Advocate

ORDER

The present writ petition has been filed seeking direction to the 2nd Respondent herein to approve the petitioner's Promotion as Junior Assistant in the 3rd respondent College, in the Promotion vacancy of C.Lilly Rose with effect from 01.06.2023 in the light of approval given by the 1st respondent to the similarly place person K.Angamuthu vide his proceedings Na.Ka.No. 4396/G4/2018 dated 08.07.2021 based on the order passed by this Court in W.P.(MD)No.12783 of 2017 dated 19.12.2018 in W.A.No.9 of 2020 on 25.03.2021 with monetary and all other attendant and service benefits based on the representation given by the petitioner.

2. The petitioner was initially appointed as Lab Assistant on 25.10.2004 in the 3rd respondent College which is a private aided college. Thereafter, he 2/5

was promoted as Junior Assistant in the same college on 01.06.2023. The 3rd respondent college had sent a proposal on 20.06.2023 to the respondents 1 and 2 seeking approval to the promotion of the petitioner. In a similar instance, the 1st respondent vide proceedings, dated 08.07.2021 approved the promotion of one K.Angamuthu based on the order passed in W.P(MD)No.12783 of 2017, dated 19.12.2018. A writ appeal which was preferred as against the aforesaid order in W.A.No.9 of 2020 was also dismissed on 25.03.2021. Hence, the petitioner made a representation on 10.07.2023 to the respondents to approve his promotion as Junior Assistant with effect from 01.06.2023 based on the promotion given by the 1st respondent vide his proceedings, dated 08.07.2021 in the light of the order passed by this Court in W.P(MD)No.12783 of 2017, dated 19.12.2018. Since the same was not considered, this writ petition came to be filed.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that on 04.08.2023, the petitioner's representation was considered and returned elaborating that the petitioner's request could not be considered.

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4. Recording the same, this Writ Petition stands dismissed with liberty to the petitioner to challenge the order passed by the 2nd respondent, dated 04.08.2023. No costs.

29.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai-600 015.

2.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai-625 002.

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L.VICTORIA GOWRI, J.

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