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Madras High CourtWP/30249/2017disposed of

Dr.A.Vinu Kumar, v. The Director Of Collegiate

2017-12-29Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.12.2017 Coram:

The Honourable Mr. Justice M. S. RAMESH W.P.No.30249 of 2017 Dr. A. Vinu Kumar

...Petitioner

Versus

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, Nesamony Memorial Christian College, Marthandam. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent herein to approve the petitioner's appointment as Assistant Professor in History in the Nesamony Memorial Christian College, Marthandam, in the sanctioned retirement vacancy of Dr.M.Malkia with effect from 16.06.2017 in the light of approval given by the first respondent to the similarly placed persons Dr.G.Sudhana, whose service was approved by the first respondent in W.P.No.32305 of 2016 dated 16.09.2016 in Na.Ka.No.712/F2/2017 dated 27.02.2017 and Dr.Sukumaran in W.P.No.11512 of 2012 dated 11.06.2012, with monetary and all other attendant and service benefits based on the representation dated 30.06.2017 given by the petitioner. For Petitioner : Mr. P. Ganesan for Mr.A.V.Bharathi For Respondents 1 & 2 : Mr. T. M. Pappiah, Special Government Pleader Respondent 3 : Mr. S. Bharathirajan

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus to direct the first respondent to approve the petitioner's appointment as Assistant Professor in History in the Nesamony Memorial Christian College, Marthandam, in the sanctioned retirement vacancy of Dr.M.Malkia with effect from 16.06.2017 in the light of approval given by the first respondent to the similarly placed persons Dr.G.Sudhana, whose service was approved by the first respondent in W.P.No.32305 of 2016 dated 16.09.2016 in Na.Ka.No.712/F2/2017 dated 27.02.2017 and Dr.Sukumaran in W.P.No.11512 of 2012 dated 11.06.2012, with monetary and all other attendant and service benefits.

2. Since the appointment of the petitioner was not approved within a reasonable time, a representation came to be made by the petitioner seeking for approval of the appointment and the same is kept pending till date.

3. Though the petitioner has sought for a direction to the first respondent to approve the petitioner's appointment, the learned counsel for the petitioner submits that he would be satisfied if his representation seeking for approval of the petitioner's appointment is directed to be considered by the respondents.

4. In view of the said submission, there shall be a direction to the first respondent to consider the petitioner's representation dated 30.06.2017 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this Order.

5. With the above observation, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cla/mrr To

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

2. The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.

+1cc to Mr.S.Bharathirajan, Advocate, S.R.No.92646 +1cc to Mr.A.V.Bharathi, Advocate, S.R.No.91676 +1cc to Government Pleader, in sr.no.5 W.P.No.30249 of 2017 SSI(CO) CS/29/01/18