M.A.Asokan v. Holy Cross Lay Staff Assiciation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE R.SAKTHIVEL 1.M.A.Asokan 2.S.Devasagayam 3.Loganathan 4.Deepak M.Chauhan 5.D.Charles 6.R.Arulmozhi ... Petitioners Vs.
1.Holy Cross Lay Staff Association Re. by its President No.888 Selvanagar K.N.Colony Post Salem 636 014 2.The Director of Matriculation Chennai - 6 3.The Chief Educational Officer Salem 4.The Inspector of Matriculation Schools Salem 5.The Principal and Correspondent
Holy Cross Matriculation Higher Secondary School, Salem ... Respondents Prayer: Writ Appeal filed under Clause 15 of Letter Patent, praying to set aside the order passed in W.P.No.27604 of 2011, dated 28.03.2017 and allow the Writ Appeal.
For Appellants : Mr.R.Rajiv Gandhi For Respondents : Mr.Neethi Perumal Government Advocate
JUDGMENT
M.S.RAMESH, J.
R.SAKTHIVEL, J.
Admittedly, the 5th respondent is an unaided Educational Institution. The appellants being non teaching staff, seek for implementation of the 6th Pay Commission with retrospective effect for the purpose of granting Selection Grade and Special Grade . The Hon'ble Full Bench of this Court in the case of the Correspondent / Principal, Arokiamada Matriculation Higher Secondary School, Udumalai Road, Pollachi V. Tmt.T.Sorubarani (deceased) and others in W.A.No.1307 of 2009, had held that seeking for an issuance of Writ of Mandamus against private Educational Institutions to implement the recommendations of 3rd
Pay Commission does not involve public law element and since it is only a private law remedy, no Writ Petition would lie. 2.The learned Single Judge also rightly placed reliance on the decision of the Full Bench held in the case of the Correspondent / Principal, Arokiamada Matriculation Higher Secondary School, Udumalai Road, Pollachi V. Tmt.T.Sorubarani (deceased) and others in W.A.No.1307 of 2009, had rejected the Writ Petition, apart from relying upon several other decisions of this Court as well as the Hon'ble Supreme Court.
3.In view of the settled legal proposition, reteirated in the case of the Correspondent / Principal, Arokiamada Matriculation Higher Secondary School, Udumalai Road, Pollachi V. Tmt.T.Sorubarani (deceased) and others in W.A.No.1307 of 2009, we find no reasons to interfere with the order of the Writ Court.
M.S.RAMESH, J.
R.SAKTHIVEL, J.
kas 4.This Writ Appeal stands dismissed accordingly. No costs. [M.S.R, J.] [R.S.V, J.] 22.09.2025 kas Index: Yes / No Speaking / Non Speaking To.
1.The Director of Matriculation Chennai - 6 2.The Chief Educational Officer Salem 3.The Inspector of Matriculation Schools Salem