Disposed

The Secretary, v. the State of Tamil Nadu

Madras HC1 Mar 2019WP(MD)/4816/2019

Case brief

AI extract

What is this about?

This writ petition sought a direction to approve the appointment of a scavenger and disburse salary. The court, without deciding on merits, directed the Joint Director of Collegiate Education to consider the proposal on merits with an opportunity of hearing within eight weeks.

What did the court decide?

Direction to the 3rd respondent to consider the appointment proposal on merits and pass orders after hearing within eight weeks.

The Secretary, Vs the State of Tamil Nadu — Service and Employment | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2019 CORAM:

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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WP(MD)No.4816 of 2019 and WMP(MD)No.3823 of 2019

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The Secretary, Holy Cross College (Autonomous), Nagercoil – 629 004, Kanyakumari District.

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... Petitioner Vs.

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1.The State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort Saint George, Chennai – 600 009.

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2.The Director Collegiate Education, College Road,Chennai – 600 006.

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3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli – 627 002.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3^rd respondent Joint Director of Collegiate Education to approve forthwith the appointment of G.Iyyappan as Scavenger in the petitioner's college and disburse the grant-in-aid towards his salary and allowances with effect from the date of his appointment viz. 02.01.2018, on the basis of the proposal dated 20.02.2018 and reminder thereon dated 18.09.2018.

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For Petitioner : Mr.Ragatheesh Kumar for M/s.Iassac Chambers For Respondents : Mrs.J.Padmavathy Devi, Special Government Pleader

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ORDER

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The prayer in this writ petition is to direct the respondents to approve the appointment made by the petitioner college as per the proposal sent by the petitioner college and provide him all consequential benefits to the appointee.

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2.Heard the learned Counsel for the petitioner and the learned Special government Pleader appearing for the respondents. By Consent, this writ petition is taken up for final disposal at the https://hcservices.ecourts.gov.in/hcservices/ stage of admission itself.

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3.The grievance of the petitioner is that the proposal sent by the petitioner College for approval of appointment of one G.Iyyappan is kept pending without being any orders passed by the third respondent and hence, the petitioner is before this Court and the petitioner also relied on the judgments of this Court in WP(MD) No.2410 of 2015, dated 05.03.2015 and CMP(MD)Nos.3254 and 3255 of 2016 in WA(MD)Nos.461 and 462 of 2016, dated 22.04.2016, in support of the petitioner's claim.

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4.The learned Special Government Pleader appearing for the respondents submitted that the proposal submitted by the petitioner would be considered on merits.

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5.Under these circumstances, this Court, without going into the merits of the case, directs the 3^rd respondent to consider the proposal submitted by the petitioner on 20.02.2018, on merits and in accordance with law and keeping in mind the judgments cited supra and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

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6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar

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// True Copy //

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Sub Assistant Registrar(CS )

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dsk

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