Jessie Theodore v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.01.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.1243 of 2026 Dr.Jessie Theodore ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Secretary, Higher Education Department, Chennai.

2. The Director of Collegiate Education, Chennai.

3. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 628 008.

4. The Secretary, Sarah Tucker College, Palayamkottai - 627 002 Tirunelveli District.

5. The Principal, Sarah Tucker College, Palayamkottai - 627 002 Tirunelveli District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to fix the scale of pay of the petitioner and to disburse the 1/5

consequential arrears of difference in salary from 30.06.2022 and further directing the respondents to disburse the salary from the month of October 2025, by considering the representation of petitioner dated 16.12.25 within the time frame stipulated by this Court. For Petitioner : Mr.G.Prabhu Rajadurai For R1 to R3 : Mr.S.Vinodh, Government Advocate For R4 and R5 : Mr.P.Alwin Balan

ORDER

The petitioner was appointed as Lecturer in the 4th respondent College on 29.05.2009. However, the petitioner's appointment was approved only in the year 2021. Thereafter, she made a representation to the respondents for arrears of salary. Since there was no action on the said representation, she filed a writ petition in W.P.(MD)No.11357 of 2021. This Court, by order dated 30.01.2025, allowed the writ petition with a direction to the respondents to pay the arrears of salary due to the petitioner from the year 2009 to June 2022, within a period of six months. Pursuant to the order of this Court, the 1st respondent sanctioned the arrears of salary to the tune of Rs.1,04,56,523/-. The 3rd respondent, vide proceedings dated 24.09.2025, disbursed a sum of Rs.84,76,561/- to the petitioner, by deducting Rs.19,79,962/-. According to the petitioner, 2/5

she received arrears of salary for the period between 17.06.2009 to 30.06.2022 in the month of October 2025. Further, the scale of pay was not fixed by the respondents. Therefore, she submitted representations to the 4th respondent requesting to fix the scale of pay and to disburse the arrears of difference in salary. Since the said representations have not been considered, the petitioner has filed this writ petition.

2. Mr.S.Vinodh, learned Government Advocate, who takes notice for the respondents, submits that the petitioner has not made any representation to the respondents 1 to 3 and she has made representations only to the 4th respondent.

3. However, the learned counsel for the petitioner claims that the petitioner has made representations to the respondents 1 to 3. But, there is no proof for acknowledgment of receipt of the petitioner's representation.

4. Since the representation has been made only to the 4th respondent, this writ petition does not lie as against the 4th respondent. 3/5

Accordingly, this writ petition is dismissed with liberty to the petitioner to file a fresh writ petition, by enclosing the acknowledgment for receipt of the petitioner's representation by the respondents 1 to 3. No costs. 21.01.2026 ogy Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

To

1. The Secretary, Higher Education Department, Chennai.

2. The Director of Collegiate Education, Chennai.

3. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 628 008.

4. The Secretary, Sarah Tucker College, Palayamkottai - 627 002 Tirunelveli District.

5. The Principal, Sarah Tucker College, Palayamkottai - 627 002 Tirunelveli District.

4/5

B.PUGALENDHI, J.

ogy WP(MD) No.1243 of 2026 21.01.2026 5/5