Madras High Court
WP/33781/2017 of Dr.Chithra James, Vs The Director of Collegiate on 29 December 2017
COURT OF JUDICATURE AT MADRAS Dated : 29.12.2017 Coram: The
IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 29.12.2017
Coram:
The Honourable Mr. Justice M. S. RAMESH
Dr. Chithra James
...PetitionerVersus
1. The Director of Collegiate Education, College Road, Chennai – 600 006.
2. The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.
3. The Secretary-cum-Correspondent, Women's Christian College, Nagercoil. ...Respondents Writ Petition filed under Article 226 of the Constitutionof India praying for issuance of a Writ of Mandamus directingthe first respondent herein to approve and regularize thepetitioner's appointment as Assistant Professor in Commerce inthe third respondent College, in the sanctioned retirementvacancy of Mrs.Janet Poorna Chandrika with effect from18.06.2014 to 06.12.2015 in the light of the approval given bythe first respondent to the similarly placed persons Dr.R.Josilyin Na.Ka.No.4600/F2/2017 dated 14.11.2017 in W.P.No.3311 of 2016dated 22.02.2016 and Na.Ka.No.33733/F2/2005 dated 01.09.2014 inW.P.No.17368 of 2005 dated 29.06.2005, W.A.Nos.140 & 811 of 2006and 805 of 2007 dated 21.10.2010 and in SLP.Nos.19526 to 19528of 2013 dated 29.11.2013 with monetary, service and all otherbenefits for the said period based on the representation dated07.03.2017 given by the petitioner.
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Mr.T.M. Pappiah, learned Special Government Pleadertakes notice for the respondents 1 and 2 and Mr.S.Bharathirajan, learned counsel takes notice for 3[rd] respondentand by consent of both sides, the main writ petition is taken upfor final disposal.
2. This Writ Petition is filed to issue a Writ of Mandamusdirecting the first respondent herein to approve and regularizethe petitioner's appointment as Assistant Professor in Commercein the third respondent College, in the sanctioned retirementvacancy of Mrs.Janet Poorna Chandrika with effect from18.06.2014 to 06.12.2015 in the light of the approval given bythe first respondent to the similarly placed persons Dr.R.Josilyin Na.Ka.No.4600/F2/2017 dated 14.11.2017 in W.P.No.3311 of 2016dated 22.02.2016 and Na.Ka.No.33733/F2/2005 dated 01.09.2014 inW.P.No.17368 of 2005 dated 29.06.2005, W.A.Nos.140 & 811 of 2006and 805 of 2007 dated 21.10.2010 and in SLP.Nos.19526 to 19528of 2013 dated 29.11.2013 with monetary, service and all otherbenefits for the said period based on the representation dated07.03.2017 given by the petitioner.
3. Since the appointment of the petitioner was not approvedand regularized within a reasonable time, the representationdated 07.03.2017 came to be made by the petitioner, seeking forapproval and regularization of the appointment and the same arekept pending till date.
4. Though the petitioner has sought for a direction to thefirst respondent to approve and regularize the petitioner'sappointment, learned counsel for the petitioner submitted thathe will be satisfied if his representation seeking for approvaland regularization of the appointment is directed to beconsidered by the respondents.
5. In view of the said submission, there shall be adirection to the first respondent to consider the petitioner'sthe representation dated 07.03.2017 and pass orders on meritsand in accordance with law, within a period of four weeks fromthe date of receipt of a copy of this Order. The petitioner isalso directed to give a copy of the said representation to thefirst respondent along with this order and it is open to thepetitioner to submit any further document, which he may placereliance upon.
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6. With the above observation, this Writ Petition standsdisposed of. No costs.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
cla/mrr
To1. The Director of Collegiate Education, College Road, Chennai – 600 006.2. The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.+1cc to Mr.A.V.Bharathi, Advocate, S.R.No.92374+1cc to Mr. S. Bharathirajan, Advocate, S.R.No..92648+1cc to Government Pleader, in sr.no.6W.P.No.33781 of 2017RSY(CO)CS/24/01/18
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