K.Kavidoss v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.E.Kavidoss 2.R.Meenarani ...
Petitioners Vs.
1.The Government of Tamilnadu, Rep by its Secretary, Higher Education Department, Fort St. George, Chennai - 600 009.
2.The Director of Collegiate Education I.A.S.E. Campus, 577, Annasalai, Saidapet, Chennai - 600 015.
3.The Additional Director cum Financial Advisor, Directorate of Collegiate Education, Saidapet, Chennai - 600 015.
4.The Joint Director of Collegiate Education, Madurai Region, Madurai - 2.
5.The Secretary, Mannar Thirumalai Naicker College, Pasumalai, Madurai - 625 004.
...
Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of 1/6
India praying to issue Writ of Mandamus, directing the respondents more particularly the third respondent to release and grant salary and allowances to the petitioners from 25.08.2022 viz., their date of Promotion as Lab Assistants in accordance with the proceedings of the fourth respondent in Pa.Ma.No.10505/E3/2022 & Pa.Ma.No.10506/E3/2022 dated 13.09.2022.
For Petitioners : Mr.E.Martin Jayakumar For Respondent Nos.1 to 4 : Mr.C.Jayaprakash Government Advocate
O R D E R
Through the proceedings of the Director of Collegiate Education dated 23.08.2022, the fifth respondent College was sanctioned with two posts of Lab Assistants. In accordance with the sanction, the College had also appointed both the petitioners herein as Lab Assistants on 24.08.2022 and they had also joined the posts on 25.08.2022. Subsequently, when the College had sought for approval of their appointments, the fourth respondent herein had approved the appointment of both these petitioners herein on 25.08.2022 respectively. However, their salaries had not been sanctioned from 25.08.2022 which prompted them to give representations and owing to the nonconsideration of the representations, the present writ petition has been 2/6
filed.
2.
While the learned counsel for the petitioners would submit that since the petitioners had been properly appointed in a sanctioned post and their appointments have already been approved by the competent authority, the denial of salary from 25.08.2022 is not justified, the learned Government Advocate submitted that after the approval of the appointments, the post of Lab Assistants requires to be created which process is under way and only thereafter, they would release the salaries. 3.
Since the fact that the post of Lab Assistants, in which, the petitioners have been appointed from 25.08.2022 onwards is not disputed, it requires to be held that the petitioners are entitled for their salaries from 25.08.2022 onwards. Whatever be the procedure to be adopted by the Government before grant of the salaries from 25.08.2022, requires to be expedited and therefore, I am of the view that a time limit could be stipulated for the Government to complete the process and release the salaries of the petitioners.
4.
Accordingly, the third respondent herein is directed to pass 3/6
appropriate orders releasing the salaries due to the petitioners from 25.08.2022 onwards within a period of eight weeks from the date of receipt of a copy of this order.
5.
With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
04.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6
To 1.The Government of Tamilnadu, Rep by its Secretary, Higher Education Department, Fort St. George, Chennai - 600 009.
2.The Director of Collegiate Education I.A.S.E. Campus, 577, Annasalai, Saidapet, Chennai - 600 015.
3.The Additional Director cum Financial Advisor, Directorate of Collegiate Education, Saidapet, Chennai - 600 015.
4.The Joint Director of Collegiate Education, Madurai Region, Madurai - 2.
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G.K.ILANTHIRAIYAN, J.
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