J.Mahil Kamalam, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7986 of 2019 J.Mahil Kamalam ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Higher Education, Fort St. George, Chennai - 600 009.
2.The Directorate of Collegiate Education, College Road, Chennai - 600 006.
3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 007.
4.The Registrar, Manonmaniam Sundaranar University, Tirunelveli District.
5.The Secretary - cum - Correspondent, Women's Christian College, Nagercoil, Kanyakumari District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the second and third respondents to release the grant in aid and pay the petitioner's arrears of salary together with all monetary benefits from the date of the petitioner's appointment, dated 01.07.2015 as Assistant Professor and continue to pay his monthly salary. For Petitioner :
Mr.D.Sathasivan For RR 1 to 3 :
Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.
ORDER
This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the second and third respondents to release the grant in aid and pay the petitioner's arrears of salary together with all monetary benefits from the date of her appointment, dated 01.07.2015 as Assistant Professor and continue to pay her monthly salary.
2.Heard Mr.D.Sathasivan, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader, who takes notice for the respondents 1 to 3. 3.The case of the petitioner is that though she has been appointed as Assistant Professor on 01.07.2015 in the fifth respondent College, she has not been paid with the salary right from the date of her appointment. Hence, the petitioner sent a representation to the respondents on 12.02.2018 seeking to grant the salary. Since the same has not been considered so far, the petitioner has filed the present Writ petition. 4.The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the representation of the petitioner would be taken into consideration on merits. 5.
In view of the above, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 12.02.2018 in respect of payment of arrears of salary and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to all the required parties, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-II) / True Copy / Sub Assistant Registrar(CS) ps To 1.The Secretary, The State of Tamil Nadu, Higher Education, Fort St. George, Chennai - 600 009.
2.The Directorate of Collegiate Education, College Road, Chennai - 600 006.
3.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 007.
4.The Registrar, Manonmaniam Sundaranar University, Tirunelveli District.
5.The Secretary - cum - Correspondent, Women's Christian College, Nagercoil, Kanyakumari District.
+1 CC to M/s.M.RAMU, Advocate ( SR-59146[F] dated 04/04/2019 ) +1 CC to M/s.SPL GP ( SR-59550[F] dated 08/04/2019 ) W.P(MD)No.7986 of 2019 04.04.2019 ES/KK/02.05.2019/3P/8C