1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7742 of 2011 And M.P.(MD).No. 1 of 2011 M.Uthandaraman :Petitioner -Vs- 1. The Secretary to Government Higher Education Department Fort St. George Chennai - 9 2. The Directorate of Collegiate Education College Road Chennai - 6 3. The Principal Sethupathi Government Arts College Ramanathapuram ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to allow the petitioner to continue in service in the third respondent college as Graduate Librarian till the end of the Academic Year (ie., 31.05.2011) and further pay the eligible salary and other benefit of re-employment scheme. For Petitioner : Mr.S.M.Subramaniam For Respondents: Mr.B.Pugalenthi Special Government Pleader ORDER As per the averments made in the supporting affidavit, the petitioner is a Graduate Librarian in the third respondent College and due to retire from service on attaining the age of superannuation on 31.07.2011. He made an application on 15.06.2011 requesting the Directorate of Collegiate Education, Chennai - 6, to issue orders for re-employment till the end of the academic year from 01.08.2011 to 31.05.2012, as the post of Librarian also comes under teaching category. In support of the above, the petitioner has placed reliance on G.O.Ms.No. 300, dated 08.09.2006, which states that "re-employment scheme is applicable to the Librarians working in Government and in aided colleges also". The petitioner has also placed reliance on an order made in W.P.(MD).No. 5543 of 2011 of this Court granting an interim direction, permitting one Akilandam, who was not given extension or re-employment. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Though the petitioner has alleged that the respondents are adopting dilatory tactics in passing orders and that there is a failure on the part of the respondents in not issuing any orders, this Court is not inclined to accept the same, as it is evident from the proceedings addressed to the Directorate of Collegiate Education, College Road, Chennai - 6, that orders for re-employment, from 01.08.2011 to 31.05.2012 have been sought for. There is no failure on the part of the respondents in exercising their discretion or discharging their duties. Admittedly, the petitioner attains the age of superannuation only on 31.07.2011. That apart the learned counsel for the petitioner has submitted that the petitioner is in service. 3.For the aforesaid reasons, this Court is of the view that the petitioner has not made out a case for Mandamus. However, having regard to the request made by the Principal incharge, Sethupathi Government Arts College, Ramanathapuram, vide proceedings, dated 22.06.2011, the Directorate of Collegiate Education, Chennai - 6, the second respondent herein is directed to pass appropriate orders, before the petitioner attains the age of superannuation by considering the Government Orders issued from time to time, regarding re-employment. 4.With the above said directions, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (RTI Act) / TRUE COPY / Sub Assistant Registrar To: 1. The Secretary to Government Higher Education Department Fort St. George Chennai - 9 2. The Directorate of Collegiate Education College Road Chennai - 6 3. The Principal Sethupathi Government Arts College Ramanathapuram +1CC to The Special Government Pleader. SR.No.22964. Vsg W.P.(MD).No.7742 of 2011 And M.P.(MD).No. 1 of 2011 RP/22.07.2011/2P/5C. 13.07.2011. https://hcservices.ecourts.gov.in/hcservices/