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Madras High CourtWA(MD)/1801/2025dismissed

The State Of Tamil Nadu Rep By Its Secretary v. N Baskaran

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.10196 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.N.Baskaran ... 1st Respondent / Writ Petitioner 2.The Secretary, The American 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 26.09.2024 in W.P.(MD)No. 21132 of 2024 on the file of this Court.

For Appellants : Mr.C.Venkatesh Kumar Special Government Pleader For Respondents : Mr.E.V.N.Siva for R1

ORDER

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

2. The writ petitioner was originally appointed as Lab Assistant in the second respondent college. It is an aided minority institution. Vacancy arose in the post of junior assistant. The writ petitioner was appointed as Junior Assistant. The post of Lab Assistant as well as the post of Junior Assistant are carrying the same scale of pay. When the proposal was forwarded to the competent authority for approval, it was rejected. Challenging the same, the writ petitioner filed W.P.(MD)No. 2/4

21132 of 2024. The learned single Judge vide order dated 26.09.2024 allowed the writ petition. Challenging the same, the State has filed this appeal.

3. We notice that the learned single Judge has only followed the earlier order dated 25.03.2021 made in W.A.(MD)Nos.114 & 9 of 2020. The order of the Hon'ble Division Bench had been extracted extensively. We notice that there is no rival claim. There is no financial loss to the department also. In this view of the matter, there is no need 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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