K. Paulraj, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD)No.1 & 2 of 2014 and W.M.P.(MD)No.18217 & 3527 of 2016 K.Paulraj ... Petitioner vs

1. The State of Tamil Nadu, represented by its Secretary to Government, Higher Education Department, Secretariat, Chennai - 09.

2. The Director of Collegiate Education, College Road, Chennai - 600 006.

3. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 007.

4. The Registrar, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli - 627 012.

5. The Secretary, Pasumpon Muthuramalinga Thevar College, A.R.P. Nagar, Melaneelithanallur Post, Sankarankovil Taluk, Tirunelveli District - 627 953.

6. Tmt.R.Muthulakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the fifth respondent in his proceedings Ref.No.F4/2014, dated 18.01.2014 appointing the sixth respondent in the post of librarian and quash the same and further direct the respondents to appoint the petitioner in the post of librarian in the fifth respondent college by following G.O.Ms.No.2406 of Education Department, dated 31.10.1981 and consequent proceedings of the second respondent in Rc.No.43075/G3/95, dated 28.08.1995 with all attendant benefits. 1/3

For Petitioner : Mr.Tiruvarutselvam For Respondents : Mr.D.Farjana Ghoushia for R1 to R3 Special Government Pleader Mr.Athiff for R4 For M/S.Ajmal Associates Mr.A.Arumugam for R5 Mr.H.Mohammed Imran for R6 *****

O R D E R

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the fifth respondent in his proceedings, dated 18.01.2014 appointing the sixth respondent in the post of librarian and further direct the respondents to appoint the petitioner in the post of librarian in the fifth respondent college by following G.O.Ms.No.2406 of Education Department, dated 31.10.1981 and consequent proceedings of the second respondent in Rc.No.43075/G3/95, dated 28.08.1995 with all attendant benefits.

2. The petitioner and the six respondent are aspiring candidates for the post of Librarian. The Government has reconstituted Tribunal, the fifth respondent college is an aided non-minority college and the issue of promotion comes under the jurisdiction of the Tribunal. Therefore, the petitioner is directed to file a petition before the Tribunal to agitate the issue.

3. The Tribunal is directed to complete the hearing within four months. The case is pending before this court from 2014 onwards and the said period shall be condoned.

4. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) jbr 2/3

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 Principal District Judge, Tirunelveli.

2. The Secretary to Government, The State of Tamil Nadu, Higher Education Department, Secretariat, Chennai - 09.

3. The Director of Collegiate Education, College Road, Chennai - 600 006.

4. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 007.

+1 CC to M/s.SPL.GP ( SR-991[F] dated 10/01/2022 ) +1 CC to M/s.A.ARUMUGAM, Advocate ( SR-1052[F] dated 10/01/2022 ) Order made in 07.01.2022 nsn(CO) TR(07.02.2022) 3P 7C 3/3