Dr.G.Nagarajan v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-09-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
1. Dr.G.Nagarajan Assistant Professor (Retd) S/o.E.Gurusamy, 132/1, Iranian StreetNo.1 Deepam Nagar Ring Road, Erode- 638 009 Petitioner(s) Vs
1. The Government of Tamil Nadu Rep By Secretary To Government Higher Education Department Fort St.
George, Chennai- 09.
2.The Director of Collegiate Education Saidapet, Chennai- 015.
3.The Joint Director of Collegiate Education Coimbatore Region, Coimbatore- 641 018.
Respondent(s)
PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, praying to call for the records of the rd respondent issued in ATM No.0582 /AA2/ 2025 dated 14.02.2025 by the 3 rd respondent and quash the same and issue a consequential direction to the Respondents to grant selection grade in the post of Assistant Professor and raise the pay of petitioner from Level 11 to Level 12, under carrier Advancement Scheme, from 31.01.2025 with arrears of pay and to disburse the amount of incentive increment for Ph.D by including the same in pay, as fixed in the proceedings issued in Na.Ka.No.688/A3/2016 dated 28.04.2016 and in Na.Ka.No.5418 /A3/ 2017 dated 18.01.2018 of the 3 rd respondent, with arrears and then fix last drawn pay and revise the pension and grant arrears of pension with 18% per annum to petitioner.
For Petitioner(s):
Mr.R.Saseetharan For Respondent(s):
Mr.P.Kumaravel Additional Government Pleader
ORDER
The present writ petition has been filed to call for the records pertaining to the order of the 3 rd respondent in ATM No.0582 /AA2/ 2025 dated 14.02.2025 and quash the same, and consequently direct the respondents to grant Selection Grade in the post of Assistant Professor and raise the pay of the petitioner from Level 11 to Level 12 under the Career Advancement Scheme
from 31.01.2025 with arrears of pay, and to disburse the amount of incentive increment for Ph.D. as fixed in the proceedings dated 28.04.2016 and 18.01.2018 and thereafter revise the last drawn pay, refix the pension and grant arrears of pension with 18% interest.
2. The petitioner has stated that he entered into services of Erode Arts College, an aided institution receiving grant from the Government of Tamil Nadu, as Steno-Typist on 19.01.1990 and his appointment was duly approved by the Educational Authorities. He was subsequently promoted on the ministerial side up to the post of Superintendent. Since the petitioner possessed higher qualifications of M.A., M.Phil and Ph.D, the petitioner was promoted and appointed as Assistant Professor in the Tamil Department by proceedings dated 12.01.2016, which was duly approved by the Joint Director of Collegiate Education on 28.04.2016, fixing his pay with five incentive increments for Ph.D.
3. The petitioner has further stated that though the increments were fixed and later revised and approved by the Joint Director, the same were not disbursed on the ground of subsequent Government Orders. He submits that the UGC Regulations, 2018 restored the grant of incentive increments for Ph.D and his case falls under the restoration clause. He also contends that he was granted Senior Scale on 13.01.2020 and was due for Selection Grade on 13.01.2025, which was recommended by the College but rejected by the Joint Director on the ground of non-availability of budget allotment. The petitioner retired on 31.05.2025 without being granted the said benefits. In this regard, he submitted a representation on 13.06.2025 and the same is not considered by the respondents till date. Hence, he filed this writ petition.
4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the representation of the petitioner and pass orders.
5. The learned Additional Government Pleader Counsel appearing for the respondents submitted that the case of the petitioners will be considered on its
own merits.
6. Considering the facts and circumstances of the case and in view of the limited prayer sought for in this writ petition, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner and pass orders on the representation submitted by the petitioner dated 13.06.2025 on its own merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.
7. In fine, the writ petition stands disposed of. However, there shall be no order as to costs.
02-09-2025 (1/2) kak Index:Yes/No Speaking/Non-speaking order Internet:Yes
To
1. The Government Of Tamil Nadu Rep By Secretary To Government Higher Education Department Fort St.
George, Chennai- 09.
2.The Director Of Collegiate Education Saidapet, Chennai- 015.
3.The Joint Director Of Collegiate Education Coimbatore Region, Coimbatore- 641 018.
A.D.JAGADISH CHANDIRA, J.
kak (1/2) 02-09-2025