Rajam. A v. The Vice Chancellor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR A.Rajam ... Petitioner Vs.

1.The Vice Chancellor, Mother Teresa Women's University, Kodaikanal-624 101, Dindigul District.

2.The Registrar, Mother Teresa Women's University, Kodaikanal-624 101, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to issue fresh appointment order to the petitioner for the post of "University Director of Physical Education" in "Professor Cadre" with effect from the date of his joining in the 1st respondent's university, dated 29.06.2009 instead of the post of "Physical Directors" in "Lecturer Cadre" and consequently direct the respondents to pay all the consequential arrears arising thereon out of the new cadre post with effect from the date of joining duty, dated 29.06.2009 for the period of service already rendered by the petitioner.

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For Petitioner : Mr.L.Prabhu For R2 : Mr.N.Shanmuga Selvam

ORDER

The present writ petition has been filed seeking a Mandamus, directing the respondents to issue a fresh appointment order fixing the salary of the writ petitioner in the cadre of Professor instead of Lecturer cadre.

2. According to the writ petitioner, she was appointed as a Physical Directress in the respondent University on 29.06.2009. A perusal of the appointment order indicates that the scale of pay was fixed at Rs.8000-275-13500. According to the writ petitioner, the scale of pay is that of the Lecturer cadre. However, she is eligible to receive salary in the scale of pay of the Professor cadre. Hence, she has sent a representation to the 2nd respondent herein on 19.09.2022 requesting them to redesignate the post as Director of Physical Education with effect from 29.06.2009.

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3. Though the present writ petition has been filed seeking a positive direction for issuance of a fresh appointment order, on instructions, the learned counsel appearing for the writ petitioner submits that his client would be satisfied if an order is passed directing the 2nd respondent to consider the representation, dated 19.09.2022.

4. In view of the above said facts, the 2nd respondent is directed to consider the representation of the petitioner, dated 19.09.2022 and pass orders on merits and in accordance with law within a period of twelve

(12) weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands disposed of. No costs.

30.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To The Registrar, Mother Teresa Women's University, Kodaikanal-624 101, Dindigul District.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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