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Judgment
P. Jyothimani, J.—The writ petition is filed for a direction forbearing the respondents 1 to 4 from appointing or approving any appointment in
one post of Lecturer in Department of Tamil in the 4th respondent college.
The case of the petitioner is that she was appointed in the 4th respondent college as Lecturer in Tamil by order dated 18.10.85. when the said
appointment was not approved, the petitioner has moved this Court in W.P. No. 6382/1991 and according to her, pending writ petition, she had
the benefit of stay. By virtue of that, she has continued in the said post. Ultimately, the writ petition came to be dismissed by order dated 30.4.97.
It is the case of the petitioner that as against the order of the learned Single Judge, the petitioner has filed an appeal in W.A. No. 644/97 which
is pending before the Division Bench of this Court. The point which is agitated by the petitioner in the writ appeal is that her appointment in the year
1985 was within the sanctioned strength and therefore, her appointment has to be approved.
According to the petitioner, the 4th respondent is conferred with one post of Lecturer in Tamil and when the appeal is pending, the proposal of
the 4th respondent in filling up one post of Lecturer in Tamil by somebody else, will affect the interest of the petitioner and hence, the present writ
petition is filed for a direction as stated above.
I have heard the learned Counsel for the petitioner as well as the learned Government Advocate taking notice on behalf of the respondent.
On the face of it, I do not find any merit in the writ petition. Admittedly, as against the rejection or approval in respect of the appointment of the
petitioner, the petitioner has already moved this Court and the matter is pending before the Division Bench. While so, simply because now a new
post is created in the 4th respondent/College, it does not mean that the 4th respondent should not make any appointment till the petitioner''s right is
decided in the writ appeal. Suffice it to state that if the petitioner succeeds in the writ appeal, she will be always entitled for the benefits of
appointment from the original date of appointment.
In view of the same, I find that there is absolutely nothing in the writ petition. The writ petition fails and deserves to be dismissed and the same is
dismissed. No costs. Consequently, connected M.P. is closed.