Dr. J. Jayachandra vs The Joint Director of Collegiate Education and The Nesamony Memorial Christian College

P. Jyothimani, J.—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.

By consent of both sides, the Writ Petition is taken up for final disposal.

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:

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.

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.

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.

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.

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.