← Library
Madras High CourtWP(MD)/11602/2018disposed of

S.Angappan v. The Secretary To The

2023-03-01Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD).No.10568 of 2018 S.Angappan ... Petitioner Vs.

1.The Secretary to the Government, Higher Education Department, Fort St.George, Chennai-600 009.

2.The Director of College Education, Office of the Directorate of College Education, Chennai.

3.The Joint Director of College Education, Office of the Joint Director of College Education, Race Course Road, Opposite EVR College, Thiruchirapalli.

4.The Principal, EVR College (Autonomous) Thiruchirappalli, Thiruchirappalli-23. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the fourth respondent herein 1/6

to appoint the petitioner as Office Assistant under the fourth respondent College by implementing G.O.Ms.No.44, Labour and Employment (T2) Department dated 11.03.2015 and by taking into consideration the representation dated 21.05.2018 given by the petitioner. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.G.V.Vairom Santhosh Additional Government Pleader for R1 to R3 No-appearance for R4

O R D E R

This Writ Petition has been filed for a direction to the fourth respondent herein to appoint the petitioner as Office Assistant under the fourth respondent College by implementing G.O.Ms.No.44, Labour and Employment (T2) Department dated 11.03.2015 and by taking into consideration the representation dated 21.05.2018 given by the petitioner.

2. The case of the petitioner is that the petitioner is working as temporary Office Assistant in the fourth respondent College for more than 11 years. While so, the fourth respondent has issued a Notification on 17.02.2018, calling for applications to fill up the two posts of Office 2/6

Assistant, instead of absorbing the petitioner in the regular vacancy. However, the petitioner has submitted application on 22.02.2018 to the fourth respondent. Without issuing any call letter for written test to the eligible candidates including the petitioner, the fourth respondent has conducted the interview on 25.04.2018 and is going to publish the selected candidates list. Hence, the petitioner has made a representation on 21.05.2018, to the respondents explaining all the illegal acts of the fourth respondent and requested them to appoint him as Office Assistant. But, till date no order was passed. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to dispose of the representation of the petitioner, dated 21.05.2018, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents 1 to 3 has no serious objection for such an order being 3/6

passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation, dated 21.05.2018 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed. 01.03.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No 4/6

To 1.The Secretary to the Government, Higher Education Department, Fort St.George, Chennai-600 009.

2.The Director of College Education, Office of the Directorate of College Education, Chennai.

3.The Joint Director of College Education, Office of the Joint Director of College Education, Race Course Road, Opposite EVR College, Thiruchirapalli.

4.The Principal, EVR College (Autonomous) Thiruchirappalli, Thiruchirappalli-23.

5/6

M.DHANDAPANI,J.

ssb 01.03.2023 6/6