Madras High Court
C.Lilly Rose vs The Director Of Collegiate ... on 10 January, 2023
W.P.No.723 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2023
CORAM :
The Hon'ble MR.JUSTICE ABDUL QUDDHOSE
W.P. No.723 of 2023
C.Lilly Rose .. Petitioner
-vs-
1. The Director of Collegiate Education,
I.A.S.E. Campus, 577, Anna Salai,
Saidapet, Chennai 600 015.
2. The Regional Joint Director of Collegiate
Education, Madurai Region,
Madurai 625 002.
3. The Secretary/Correspondent,
V.V.Vanniaperumal College for Women,
Virudhunagar 626 001. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus to direct the 1st respondent to
approve the petitioner's promotion as Junior Assistant in the third
respondent College in the promotion vacancy of Tmty.P.Vasuki with
effect from 12.05.2022 in the light of th approval given by the first
respondent to the similarly placed person, Mr.K.Angamuthu, vide his
proceedings Na.Ka.No.4396/G4/2018 dated 08.07.2021 based on the
order of this Court in W.P.(MD) No.12783 of 2017 dated 19.12.2018
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W.P.No.723 of 2023
and W.A.No.9 of 2020 on 25.03.2021 and all other benefits based on
the representation given by the petitioner dated 27.07.2022.
For Petitioner : Mr.E.Martin Jaya Kumar
For Respondents : Mr.D.Ravichander
Addl. Govt. Pleader
*****
ORDER
The petitioner claims that Mr.K.Angamuthu, who was granted
promotion to the post of Junior Assistant pursuant to the directions
given by the Single Bench of Madurai Bench of this Court on
19.12.2018 in W.P. (MD) No.12783 of 2017, as confirmed by the
Division Bench on 25.03.2021 in W.A.No.9 of 2020, is similarly placed
to that of the petitioner. Therefore, according to the petitioner, she is
also entitled for promotion to the post of Junior Assistant as was given
to Mr.K.Angamuthu. The petitioner has given a representation on
27.07.2022 to the first respondent requesting the first respondent to
approve the petitioner's promotion to the post of Junior Assistant in
the third respondent College, in the promotion vacancy of
Tmt.P.Vasuki with effect from 12.05.2022. Since the representation
has not been considered till date, the petitioner has filed this writ
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W.P.No.723 of 2023
petition.
2. Heard Mr.E.Martin Jaya Kumar, learned counsel for the
petitioner. Mr.D.Ravichander, learned Additional Government Pleader,
accepts notice on behalf of the respondents.
3. At this stage, the learned Additional Government Pleader
appearing for the respondents would submit that the entire cause of
action arose only at Madurai and therefore, the Principal Seat does not
have jurisdiction to entertain this writ petition. According to him, as
per Rule 6(2) of the Madras High Court Writ Rules, 2021 as well as
under Article 226(2) of the Constitution of India, the cause of action
has arisen only at Madurai and therefore, the present writ petition filed
before the Principal Seat is not maintainable.
4. However, learned counsel for the petitioner would submit that
the representation was given by the petitioner only to the first
respondent who is having his office at Chennai and therefore, part of
the cause of action has arisen at Chennai. Hence, the present writ
petition filed before the Principal Seat is maintainable.
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W.P.No.723 of 2023
5. Since this Court is not issuing any positive direction in this
writ petition, the question of jurisdiction is not decided by this Court at
this stage. The petitioner only seeks for consideration of her
representation seeking approval of her promotion to the post of Junior
Assistant in the third respondent College on merits and in accordance
with law. No prejudice would be caused to the respondents if the
petitioner's representation dated 27.07.2022 seeking for the approval
of her promotion to the post of Junior Assistant in the third respondent
College is considered on merits and in accordance with law within a
time frame to be fixed by this Court. The petitioner also claims that a
similarly placed person by name Mr.K.Angamuthu was granted
promotion pursuant to the order of the Single Bench dated 19.12.2018
passed in W.P. (MD) No.12783 of 2017 and confirmed by the Division
Bench in the judgment dated 25.03.2021 in W.A.(MD) No.9 of 2020.
6. This Court is not expressing any opinion on the merits of the
petitioner's representation. It is for the respondents to consider the
petitioner's representation on merits and in accordance with law and to
decide as to whether the aforementioned order of the Single Bench of
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W.P.No.723 of 2023
the Madurai Bench of this Court and the judgment of the Division
Bench confirming the order of the learned Single Judge are applicable
to the case of the petitioner or not.
7. For the foregoing reasons, this Court directs the first and
second respondents to pass final orders on merits and in accordance
with law on the petitioner's representation dated 27.07.2022 seeking
approval of the petitioner's promotion to the post of Junior Assistant in
the third respondent College within a period of twelve weeks from the
date of receipt of a copy of this order.
With the aforesaid direction, this writ petition is disposed of. No
costs.
10.01.2023
Index : Yes/No
Speaking/non-speaking order
sra
To
1. The Director of Collegiate Education,
I.A.S.E. Campus, 577, Anna Salai,
https://www.mhc.tn.gov.in/judis
W.P.No.723 of 2023
Saidapet, Chennai 600 015.
Abdul Quddhose, J.
(sra)
2. The Regional Joint Director of Collegiate
Education, Madurai Region,
Madurai 625 002.
3. The Secretary/Correspondent,
V.V.Vanniaperumal College for Women,
Virudhunagar 626 001.
W.P.No.723 of 2023
10.01.2023
https://www.mhc.tn.gov.in/judis
