B.Subramanian v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN B.Subramanian ... Petitioner Vs.

1.State of Tamil Nadu, Rep by the Principal Secretary, Higher Education Department, St.George Fort, Secretariat, Chennai - 600 009 2.The Commissioner, Commissioner of Collegiate Education, Saidapet, Chennai - 600 015.

3.The Principal, Presidency College (Autonomous) Chepauk, Chennai - 600 005 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to set right the pay anomaly on part with petitioner's junior R.Venkatachalam on the basis of the petitioner representation dated 27.01.2025 and 28.03.2025 on the basis of the G.O.Ms.No.61 dated 08.03.2023 issued by the 1st respondent and grant all consequential monetary benefits to the petitioner. 1/6

For Petitioner : Mr.M.Gnanasekar For R1 and R2 : Mr.C.Jayaprakash Government Advocate

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents 1 and 2 to set right the pay anomaly on part with petitioner's junior R.Venkatachalam on the basis of the petitioner representation dated 27.01.2025 and 28.03.2025 on the basis of the G.O.Ms.No.61 dated 08.03.2023 issued by the 1st respondent and grant all consequential monetary benefits to the petitioner.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the petitioner was appointed as Assistant Professor on 26.03.1993 and posted at Government Arts College for Men, Krishnagiri and thereafter, he was 2/6

transferred to 3rd respondent-College. It is the submission of the petitioner that he has given a representation to the 1st respondent on 28.03.2025 for stepping up of pay on par with his immediate Junior one Mr.R.Venkatachalam and such representation is pending with the 1st respondent.

5. At this juncture, the learned Government Advocate appearing for the respondents 1 and 2 would submit that petitioner's earlier representation had already been considered on 10.07.2019 and petitioner had not challenged the said representation.

6. At this juncture, the learned counsel for the petitioner would submit that the present representation is based upon the fresh Government Order in G.O.(Ms).No.61, Higher Education (H1) Department, dated 08.03.2023. Therefore, the earlier representation has no role in considering the present representation.

7. At this juncture, the learned Government Advocate appearing for 3/6

the respondents 1 and 2 would submit that they will consider the petitioner's representation in accordance with G.O.(Ms).No.61, Higher Education (H1) Department, dated 08.03.2023.

8. In view of above fair submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents 1 and 2 to consider the petitioner's representation dated 28.03.2025 and pass orders on it's own merits and in accordance with law and in line with G.O.(Ms).No.61, Higher Education (H1) Department, dated 08.03.2023, within a period of three months from the date of receipt of copy of this order.

9. With the above direction, the Writ Petition is disposed of. No costs. 22.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Principal Secretary, State of Tamil Nadu, Higher Education Department, St.George Fort, Secretariat, Chennai - 600 009 2.The Commissioner, Commissioner of Collegiate Education, Saidapet, Chennai - 600 015.

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C.KUMARAPPAN, J.

dm 22.07.2025 6/6