K.Joseline Margaret v. The Director Collegiate Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD).Nos.23912, 23915 and 23918 of 2019 and W.M.P(MD)Nos.3995, 3996 of 2022, 3985,11775,11780,11781 of 2021 1.K.Joseeline Margaret ... Petitioner in W.P(MD)No.23912/19 2.Dr.I.J.Helena Gracelin ... Petitioner in W.P(MD)No.23915/19 3.T.Suja Gethsy ... Petitioner in W.P(MD)No.23918/19 Vs.
1.The Director Collegiate Education, DPI Complex College Road, Chennai-600 006.
2.The Regional Joint Director of College Education, Tirunelveli Region, Tirunelveli.
3.The Registrar, Manonmaniam Sundaranar University, Tirunelveli.
4.The Secretary/Correspondent, St.John's College, Palayamkottai, Tirunelveli-627 002.
... Respondents in all W.Ps COMMON PRAYER: Writ Petitions under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to approve the appointment of the petitioner as Assistant Professor of Tamil in 4th respondent College w.e.f., 29.05.2009 in the approved sanctioned vacancy which arose due to the retirement of Dr.J.Durairaj, Mrs.Shantha Alex and Dr.V.Manickam respectively, and pay the salary along with all other service and monetary benefits from the date of appointment on 29.05.2009, within the time stipulated by this Court.
For Petitioners in all W.Ps : Mr.T.Arul For R1 and R2 : Mr.G.V.Vairam Santhosh in all W.Ps Additional Government Pleader For R3 : M/s.H.Jasimayasmin in all W.Ps for M/s.Ajmal Associates For R4 in all W.Ps : Mr.H.Arumugam 1/3
COMMON ORDER The relief sought for in these writ petitions is to direct the first respondent to approve the appointment of the petitioners as Assistant Professor of Tamil in the fourth respondent College with effect from 29.05.2009 in the approved sanctioned vacancy. 2.The learned Additional Government Pleader appearing for the first and second respondents made a submission that the approval of appointment has already been granted in favour of the writ petitioners. However, the said approval is to be implemented by the second respondent by passing a consequential order. However, the petitioners admits the fact that the approval granted by the first respondent.
3.The proposed impleading petitioner raises an objection stating that the approval for appointment is granted with conditions and therefore, the petitioners are not entitled for the relief. But the proposed impleading petitioner cannot raise any such objection at this juncture, in view of the fact that the first respondent has already passed an order of approval, which is to be implemented by the second respondent properly. If at all any grievance exist for the proposed impleading petitioner, it is for him to redress the same in the manner known to law. However, the writ petition filed by the petitioners only for approval of appointment, such impleadments cannot be required. Therefore, it is for the authorities to take all appropriate actions and the petitioners are at liberty to pursue the proceedings in accordance with law.
The second respondent is directed to consider the approval of appointment in accordance with the orders passed by the first respondent. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.
4.With these observations, these Writ Petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The Director Collegiate Education, DPI Complex College Road, Chennai-600 006.
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2.The Regional Joint Director of College Education, Tirunelveli Region, Tirunelveli.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-13371[F] dated 22/03/2022 ) +1 CC to M/s.SPL GP ( SR-13522[F] dated 22/03/2022 ) +3 CC to M/s.T.ARUL, Advocate ( SR-13617[F],13615,13616 dated 22/03/2022 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-13629[F] dated 22/03/2022 ) +3 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-13735[F],13726,13727 dated 23/03/2022 ) W.P(MD).Nos.23912, 23915 and 23918 of 2019 and W.M.P(MD)Nos.3995, 3996 of 2022, 3985,11775,11780,11781 of 2021 21.03.2022 AC(CO) KB(01.04.2022) 3P 12C 3/3