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R.RAJAMMAL versus THE REGIONAL JOINT DIRECTOR,2.THE SECRETARY

High Court of Madras

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R.Rajammal v. The Regional Joint Director,2.The Secretary - WRIT PETITION No. 13723 of 1995. [2002] RD-TN 171 (15 March 2002)



IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15/03/2002

CORAM:

THE HONOURABLE MR.JUSTICE V.S.SIRPURKAR. WRIT PETITION No. 13723 of 1995.

R.Rajammal. ..Petitioner. .vs.

1.The Regional Joint Director,

Collegiate Education,

Vellore Region,

Vellore.632 006

N.A.A.District.

2.The Secretary and Correspondent

Voorhees College,

Vellore.632 001

N.A.A. District.

..Respondents. ...

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, as stated therein. Mr.A.Raghul. ... For Petitioner.

Mr.V.R.Rajasekaran,

Spl.Govt.Pleader (Edn.) ..For 1st respondent.

Ms.Mekhala. .. For 2nd respondent.

:ORDER



This is a claim by the unfortunate mother, who has lost her son, viz., Christian Everest on 24.4.1994. The said Mr.Christian Everest was serving in the leave vacancy in the respondent No.2 College from 21.12.1989 to 30.11.1990. He was paid for his leave vacancy. In the meantime however, since one T.Joseph, Lecturer in a regular post had resigned there occurred a vacancy and the said Mr.Christian Everest came to be appointed as Lecturer in English in his place. It is the case of the petitioner mother that he kept on serving till 24.4.1994, but without any salary as the College Management was waiting for the Government to approve the appointment. Unfortunately, on 24.4.1994 the said Mr.Christian Everest expired and thereafter, the mother demanded the arrears of salary for which Rs.15,000/- was paid by the College in August 1994.The further case pleaded is that the College Management told her that the rest of the salary payable would be released later on when the appointment is approved. The petitioner says that she thereafter heard nothing. She claims that she sent letters in the nature of reminders through her daughter in 1995 and more particularly June, July, August thereof. But no reply was received.

2.The College takes a stand in paragraph 3 of its counter that it was true that Mr.Christian Everest was appointed as Lecturer in English Department with effect from 30.11.1990 in place of one Mr. Josep, who was a regular Lecturer in English Department, since Mr.Joseph had resigned from the post. The College also takes a clear cut stand that it gets 100 per cent aid by Government of Tamil Nadu and that the Management had forwarded the papers to the Education Departmentrespondent No.1 for the approval of the appointment of Mr.Christian Everest. However, they have not heard from the Department till date.

3.Mr.V.R.Rajasekaran, learned counsel appearing on behalf of the Government says that there is no statement made in the petition or in the counter filed by the College that the said post was an approved post. I do not agree. There is clear cut statement made that the said Mr.Christian Everest was appointed in place of Mr.T.Josesph, who was a Lecturer and had resigned. Therefore, there will be no question of disbelieving this uncontradicted statement. T herefore, the only hitch in getting the salary was the approval by the Government. Mr.V.R. Rajasekaran was not in a position to state as to whether the Government has taken any definite stand on the request made by the College Management. Further seeing that no such clear cut orders have been received by the 2nd respondent, it is obvious that the orders have not so far been passed. It is really a matter of great concern that a representation by the College sent as back as in 1994 should have remained undecided by the Government. The Government shall now proceed to decide the said representation regarding the appointment of Mr.Christian Everest within 10 weeks from today. The learned Government Pleader with his usual fairness assured the Court to inform the orders to the Department. The Writ Petition is allowed in the above term. No costs.

V.S.SIRPURKAR,J.

(nyr)

Index: yes.

15.03.2002

Website:yes.

nyr

To

1.The Regional Joint Director,

Collegiate Education,

Vellore Region,

Vellore.632 006

N.A.A.District.

2.The Secretary and Correspondent

Voorhees College,

Vellore.632 001

N.A.A. District.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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