BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26/04/2010
CORAM
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI
Writ Petition (MD).No.5762 of 2010
Dr.J.Jayachandra ... Petitioner
vs
1.The Joint Director of Collegiate Education,
Tirunelveli Region,
Perumal Puram, Tirunelveli,
Tirunelveli District.
2.The Nesamony Memorial Christian College,
Represented by its Correspondent,
Marthandam - 629 165
Kanyakumari District.
3.G.D.Bijji ... Respondents
Prayer
Writ petition is filed under Article 226 of the Constitution of India
to issue a writ of Mandamus to direct the second respondent Correspondent
Nesamony Memorial Christian College, Marthandam to fix the seniority forthwith
between the petitioner and the third respondent herein in the department of
Zoology as directed by the Division Bench of this Court in Writ Appeal No,2453
of 1999.
!For Petitioner ... Mr.W.Wilsto Dhaspin
^For Respondents ... Mr.K.M.Vijayakumar
R-1 Special Government Pleader
R-2 Mr.Thayumanaswamy
:ORDER
Mr.K.M.Vijayakumar learned Special Government Pleader takes notice on
behalf of the first respondent. Mr.Thayumanaswamy, learned counsel takes notice
for the second respondent.
2.By consent of both sides, the Writ Petition is taken up for final
disposal.
3.In the judgment of a Division Bench of this Court in w.A.No.2453 of 1999
dated 16.06.2006 filed by the petitioner herein, wherein the third respondent
herein was the fourth respondent. This Court has permitted the petitioner
herein and the third respondent to make necessary representations to the second
respondent College for the purpose of deciding the issue relating to the inter
se seniority between them and thereafter the College to pass order within a time
of eight weeks. The operative portion of the judgment is as follows:
“6.Now, the only question remain is whether the finding given in the order
passed by the learned Single Judge will have any effect in the issue relating to
the seniority as among the petitioner as well as the fourth respondent herein.
Since the prayer in the writ petition herein, relates only to the regularization
of the service of the petitioner herein, we are of the opinion, that any finding
given with regard to the seniority or a preferential claim of the fourth
respondent over and above, the petitioner should stand deleted. Both the
petitioner as well as the fourth respondent are directed to submit a
representation relating to their seniority to the fifth respondent within a
period of two weeks from the date of receipt of a copy of this order and
thereafter within a period of eight weeks, the fifth respondent is directed to
decide the issue and pass orders after providing opportunity to the petitioner
and the fourth respondent. ”
4.It is the case of the petitioner that consequent to the said order, the
petitioner has made a detailed representation to the second respondent on
11.07.2006 and it is his case that a similar representation has been made by the
third respondent also. However, the second respondent has not passed any order
so far, as per the direction in the Judgment of the Division Bench of this Court
in W.A.No.2453 of 1999.
5.In these circumstances, the present Writ Petition is filed for a
direction against the second respondent to act as per the judgment of the
Division Bench of this Court made in W.A.No.2453 of 1999 and pass orders
regarding fixing the inter se seniority between the the petitioner and the third
respondent in the department of Zoology.
6.The learned counsel for the second respondent would submit that since
there is a change in the management of the second respondent College, the
direction could not be complied with in time. However, suitable order will be
passed after hearing the petitioner as well as the third respondent.
7.In such view of the matter, the Writ Petition is disposed of with a
direction to the second respondent to consider the claim of the petitioner as
well as the third respondent regarding the inter se seniority between them in
the department of Zoology in the second respondent College in the light of the
Division Bench judgment in W.A.No.2453 of 1999 Dated 16.06.2006 and pass
appropriate orders on merits and in accordance with law after giving opportunity
to the petitioner and the third respondent within a period of
four weeks from the date of receipt of a copy of this order. No costs.
Consequently connected Miscellaneous Petition is closed.
RR
To
The Joint Director of Collegiate Education,
Tirunelveli Region,
Perumal Puram, Tirunelveli,
Tirunelveli District.