Arumugam Pillai Seethai Ammal College v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.24564 of 2024 and W.M.P.No.26884 of 2024 Arumugam Pillai Seethai Ammal College, Rep. by its Secretary, Mr.N.Arumugarajan 5/2-5, Arumugam Maaligai, Arumugam Pillai Street, Tiruppattur - 630 211, Sivagangai District.

... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary, Higher Education Department, Fort St. George, Chennai - 600 009.

2.The Director of Collegiate Education, IASE Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

3.The Additional Director cum Financial Advisor, Directorate of Collegiate Education, Saidapet, Chennai - 600 015.

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4.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 2nd and 3rd respondents to maping the sanctioned 3 additional posts to the petitioner College in the Integrated Financial and Human Resource Management System (IFHRMS) portal of the Treasuries and Accounts Department and to disburse the salary and arrears of salary to the 3 Assistant Professors namely 1.Dr.S.Surya - Computer Science, 2. Dr.M.Gomathi Imaya - Commerce, 3. Dr.A.Azhagammal - Computer Science, from their date of appointment i.e. 19.11.2022 respectively based on the approval given by the 3rd respondent proceedings Pa.Mu.No.3995/E3/2024-1, Pa.Mu.No.3995/E3/2024-2 and Pa.Mu.No.3995/E3/2024-3 dated 27.05.2024. For Petitioner : Mr.E.Martin Jayakumar For Respondent : Mr.K.Surendran Additional Government Pleader for R1 to R4

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd and 3rd respondents to map the sanctioned three additional posts to the 2/7

petitioner College in the Integrated Financial and Human Resource Management System (IFHRMS) portal and to disburse the salary and arrears of salary to the three Assistant Professors from the date of their appointment on 19.11.2022 based on the approval granted by the 3rd respondent through proceedings dated 27.05.2024.

2.Heard Mr.E.Martin Jayakumar, learned counsel appearing on behalf of the petitioner and Mr.K.Surendran, learned Additional Government Pleader appearing on behalf of respondents 1 to 4.

3.The case of the petitioner is that the petitioner College sought for sanction of three additional posts considering the work load. The 2nd respondent through proceedings dated 21.07.2022 sanctioned three additional posts in the petitioner College. Based on the same, the petitioner appointed three Assistant Professors in the respective Department as per UGC norms.

4.The petitioner College thereafter sent a proposal for salary approval to the 4th respondent. The 4th respondent has also granted the salary approval to the three 3/7

Assistant Professors through three separate proceeding dated 27.05.2024. While giving this approval, the 4th respondent has stipulated a condition that the salary will be released only after getting the monetary funds from the Government. 5.The petitioner College thereafter sent a detailed representation to the 1st respondent dated 12.07.2023 to accord sanction to the 2nd respondent and to take necessary steps. The funds were not released and the petitioner College continued to engage the services of the three Assistant Professors. It is under these circumstances, the present writ petition has been filed before this Court. 6.

Taking into consideration the facts and circumstances of the case and the materials that were placed before this Court, this Court deems it fit to direct the 2nd and 3rd respondents to deal with the representation dated 04.06.2024 and pass necessary order, within a period of six weeks from the date of receipt of copy of this order and release the funds to enable the salary to be paid to the three Assistant Professors whose services have been engaged by the petitioner College. 7.

respondents along with all the relevant documents and also a copy of this order. 8.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 23.08.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Secretary, Government of Tamil Nadu, Higher Education Department, Fort St. George, Chennai - 600 009.

2.The Director of Collegiate Education, IASE Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

3.The Additional Director cum Financial Advisor, Directorate of Collegiate Education, Saidapet, 5/7

Chennai - 600 015.

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N. ANAND VENKATESH, J.

ssr 4.The Regional Joint Director of Collegiate Education, Madurai Region, Madurai.

W.P.No.24564 of 2024 and W.M.P.No.26884 of 2024 23.08.2024 7/7