Britto J v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.1965 and 1966 of 2022 J. Britto ... Petitioner Vs.

1.The Secretary to Government, Department of Higher Education, St.George Fort, Chennai.

2.The Director of College Education, D.P.I. Compound, College Road, Chennai.

3.The Joint Director of College Education, Tirunelveli Region, Tirunelveli.

4.The Correspondent, Sarah Tucker College, Palayamkottai, Tirunelveli District.

5.The Principal, Sarah Tucker College, Palayamkottai, Tirunelveli District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse petitioner's monthly salary and all other monetary and service benefits with effect from 18.12.2017 based on the order passed by the 3rd respondent vide 13.12.2019 within a stipulated period as fixed by this Court.

For Petitioner : Mr.S.Chellapandian For Respondents : Mr.N.Satheesh Kumar, Addl. Government Pleader for R1 to R3.

Mr.P.P.Alwinbalan for R4 & R5.

ORDER

Heard the learned counsel on either side.

2.The writ petitioner was appointed as Record Clerk in Sarah Tucker College, Palayamkottai on 18.12.2017. His appointment was approved on 06.11.2019 by the Joint Director of Collegiate Education, Tirunelveli Region. Since the other appointments made by the college management got into legal tangle, it is stated that the petitioner's salary grant was not disbursed. That led to the filling of this writ petition. 2/4

3.Even though a formal counter has been filed by the department, I do not find any serious objection set forth therein. The college management is directed to the pay bill in respect of the petitioner and the department is directed to release the salary grant forthwith and without any delay. The petitioner is entitled to all the benefits from the date of his appointment.

4.This writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 18.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The Secretary to Government, Department of Higher Education, St.George Fort, Chennai.

2.The Director of College Education, D.P.I. Compound, College Road, Chennai.

3.The Joint Director of College Education, Tirunelveli Region, Tirunelveli.

3/4

G.R.SWAMINATHAN, J.

ias 18.04.2023 (3/3) 4/4