BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WA(MD)No.811 of 2011 B.Ramachandran :Appellant -Vs- 1.State of Tamil Nadu Rep by the Secretary to Government, Higher Education Department, Secretariat, Chennai 9. 2.The Director of Technical Education, Now Commissioner of Technical Education, Guindy, Chennai 25. 3.The Principal, Arulmigu Palaniandavar Polytechynic College, Palani 624 601, Dindigul District. :Respondents PRAYER:Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 25.07.2011 made in WP(MD)No.8253 of 2011 on the file of this Court. WP 8253/11:Petition filed under article 226 of the Constitution of India, praying for the issuance of a writ of mandamus directing the respondents to re-designate the petitioner as Associate Lecturer, now lecturer with government effect from 25.05.1993 and confer all the consequential benefits including selection grade lecturer. For Appellant : Mr.C.Selvaraj, Senior Counsel For Respondents 1&2 : Mr.K.Mahendran, Special Government Pleader JUDGMENT [Judgment of the Court was delivered BY M.M.SUNDRESH, J.] This Writ Appeal is directed against the order of the learned Single Judge dated 25.07.2011 made in W.P.(MD).No.8253 of 2011 dismissing the Writ Petition filed by the appellant herein seeking a direction to the respondents to re-designate him as an Associate Lecturer with effect from 25.05.1993. 2.The learned Single Judge has dismissed the said Writ Petition by considering the Government Order passed in G.O.Ms.No.369, Higher Education (C2) Department, dated 09.11.2006 and held that the said Government Order is prospective in nature, and therefore, the appellant has got no legal right to seek a direction to the respondents to re-designate him as an Associate Lecturer. We do not see any reason to interfere with the order of the learned Single Judge. Therefore, the Writ Appeal stands dismissed. However, considering the fact that the appellant has already approached the Government for the very same purpose and the representation of the appellant is still pending consideration, we make it clear that it is always open to the first respondent to consider the representation of the appellant dated 28.06.2011 and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order, without being influenced either by any of the observations made in this Judgment or by the order of the learned Single Judge. No costs. Sd/- Deputy Registrar (Writs) / TRUE COPY / Assistant Registrar To:1.The Secretary to Government,Higher Education Dept,Secretariat,Chennai9 2.The Director of Technical Education, Now Commissioner of Technical Education, Guindy, Chennai 25. +1CC TO M/S.C.S.ASSOCIATES, ADVOCATE. SR.NO.28998. NB/RP/08.09.2011/1P/4C. JUDGMENT MADE IN WA(MD).No.811 of 2011,24.08.2011 https://hcservices.ecourts.gov.in/hcservices/