WP/33782/2017 of Dr.A.Jaya Esklin, Vs The Director of Collegiate on 29 December 2017

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 Constitution ofIndia praying for issuance of a Writ of Mandamus directing thefirst respondent herein to approve and regularize thepetitioner's appointment as Assistant Professor in Tamil in thethird respondent College, in the sanctioned retirement vacancyof Mrs.Nirmala Roy with effect from 01.06.2013 to 10.01.2016 inthe light of the approval given by the first respondent to thesimilarly placed persons Dr.R.Josily in Na.Ka.No.4600/F2/2017dated 14.11.2017 in W.P.No.3311 of 2016 dated 22.02.2016 andNa.Ka.No.33733/F2/2005 dated 01.09.2014 in W.P.No.17368 of 2005dated 29.06.2005, W.A.Nos.140 & 811 of 2006 and 805 of 2007dated 21.10.2010 and in SLP.Nos.19526 to 19528 of 2013 dated29.11.2013 with monetary, service and all other benefits for thesaid period based on the representation dated 22.02.2017 givenby the petitioner.

For Petitioner: Mr. P. Ganesan for Mr.A.V.BharathiFor Respondents 1 & 2: Mr. T. M. Pappiah, Special Government Pleader Respondent 3: Mr. S. Bharathirajan

https://hcservices.ecourts.gov.in/hcservices/

Mr.T.M. Pappiah, learned Special Government Pleader takesnotice for the respondents 1 and 2 and Mr.S. Bharathirajan,learned counsel takes notice for 3[rd] respondent and by consent ofboth sides, the main writ petition is taken up for finaldisposal.

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 Tamil inthe third respondent College, in the sanctioned retirementvacancy of Mrs.Nirmala Roy with effect from 01.06.2013 to10.01.2016 in the light of the approval given by the firstrespondent to the similarly placed persons Dr.R.Josily inNa.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 dated22.02.2017 given by the petitioner.

3. Since the appointment of the petitioner was not approvedand regularized within a reasonable time, the representationdated 22.02.2017 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 22.02.2017 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.

6. With the above observation, this Writ Petitionstands disposed 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.92373+1cc to Mr. S. Bharathirajan, Advocate, S.R.No..92649W.P.No.33782 of 2017RSY(CO)CS/24/01/18