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Madras High CourtWA(MD)/1818/2025dismissed

The State Of Tamil Nadu v. K Sathiya Nesan

2025-07-08Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.10299 of 2025 1.The State of Tamil Nadu, Rep. by its Secretary, Department of Higher Education, Fort St.George, Chennai-600 009.

2.The Director of Collegiate Education, College Road, Chennai-600 006.

3.The Joint Director of Collegiate Education, Madurai Region, Palam Station Road, Madurai-625 002.

... Appellants / Respondents Vs.

1.K.Sathiya Nesan ... 1st Respondent / Writ Petitioner 1.The Principal and Secretary, Lady Doak College, Madurai-625 002.

... 2nd Respondent / 4th Respondent 1/4

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the Judgment dated 28.08.2024 in W.P.(MD)No. 16109 of 2022 on the file of this Court.

For Appellants : Mr.C.Venkatesh Kumar Special Government Pleader For Respondents : Ms.A.Amala for R1

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The writ petitioner was working as Lab Assistant in the second respondent college. He was appointed as Junior Assistant, when vacancy arose in the said post. The proposal was submitted to the Joint Director of Collegiate Education, Madurai for approving the appointment. Vide order dated 20.05.2022, the proposal was rejected. Challenging the same, W.P.(MD)No.16109 of 2022 was filed. The learned single Judge allowed the writ petition vide order dated 28.08.2024. Aggrieved by the same, the State has filed this writ appeal.

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3. The learned single Judge had only followed the earlier order of the Hon'ble Division Bench. The post of Lab Assistant and the post of Junior Assistant are carrying the same scale of pay. Therefore, there is no financial implication for the State. There is also no rival claim. In this view of the matter, we do not want to interfere with the order of the learned single Judge. The Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S., J.) (K.R.S., J.) 08.07.2025 rmi Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 3/4

G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

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