State Of Tamilnadu v. Dr.M.Periasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER and C.M.P.No. 13744 of 2025
1. State of Tamil Nadu, represented by its Secretary to Government, Department of Higher Education, Chennai - 600 009.
2. The Director of Collegiate Education, Institute of Advance Study in Education Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.
3. Thiruvalluvar Government Arts College, represented by its Principal, Andagalur (PO), Rasipuram, Namakkal, Tamil Nadu - 637 401.
...Appellants Vs.
Dr.M.Periasamy ... Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 26.03.2024 made in W.P.No.7864 of 2024. 1/6
For Appellants : Mr.D.Ravichandran Special Government Pleader For Respondent : Mr.S.Karthikai Balan
J U D G M E N T
(Judgment of the Court was made by R.SUBRAMANIAN, J.) We see no merit in the appeal. It is the grievance of the learned Special Government Pleader that that writ petition allowed at the admission stage. That by itself cannot be a ground to set aside the order of the writ Court. The respondent was appointed as a Lecturer in an aided College on 08.04.2008. His services were regularized on 16.06.2008. The said appointment was approved on 01.12.2009.
2. While he was serving in the aided College, the Teachers' Recruitment Board called for applications from eligible candidates for appointment as Lecturers in Government Colleges. The respondent applied and he was selected for the post of Lecturer. He was relieved from the aided College on 28.09.2015 and without any break in service, he joined the Government College on 29.09.2015. While considering his eligibility under 2/6
the carrier advancement scheme, the Joint Director of Collegiate Education issued proceedings dated 17.11.2017 taking into account the services rendered in the aided College and granted him grade pay of Rs.7,000/- with effect from 16.06.2012 and 3% increment with effect from 01.04.2012. This proceeding of the Joint Director was approved by the Director of Collegiate Education by proceedings dated 15.07.2022.
3. However, while issuing the final orders, the next incumbent restricted the benefit only with effect from 29.09.2015 namely, the date on which, the respondent had joined the Government service. This was subject matter of challenge in the writ petition. The learned single Judge found that G.O.Ms.No.373, Higher Education (H1 Department) dated 14.11.2006 confers the benefit of counting of past services rendered by Teachers in any University, College or National Library or other Organisation subject to certain conditions for the purposes of carrier advancement schemes.
4. The learned Special Government Pleader is unable to dispute the fact that the respondent has satisfied all the conditions appended to G.O.Ms.No.373 dated 14.11.2006. It is only on the said basis, previous orders were passed granting him the benefit. Only the order impugned in 3/6
the writ petition dated 24.11.2023 sought to take away the said benefit. Therefore, the writ Court was fully justified in allowing the writ petition even at the admission stage.
5. We see no ground to interfere with the order of the writ Court. This Writ Appeal fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. Eight weeks time is granted to the appellants to comply with the order of the writ Court. (R.S.M., J.) (K.S., J.) 23.06.2025 kkn Internet: Yes Index: No Speaking 4/6
To:-
1. The Secretary to Government, State of Tamil Nadu, Department of Higher Education, Chennai - 600 009.
2. The Director of Collegiate Education, Institute of Advance Study in Education Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.
3. The Principal, Thiruvalluvar Government Arts College, Andagalur (PO), Rasipuram, Namakkal, Tamil Nadu - 637 401.
R.SUBRAMANIAN, J.
5/6
and K.SURENDER, J.
KKN and C.M.P.No. 13744 of 2025 23.06.2025 6/6