The Secretary v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND The Secretary, Fatima College (Autonomous), Mary Land, Madurai - 625 018.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Secretary, Department of Higher Education, Fort St.George, Chennai - 600 009.

2.The State of Tamil Nadu, Rep by its Secretary, Department of Finance, Fort St.George, Chennai - 600 009.

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

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

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to approve forthwith the promotion of K.Jeyabalaji from the post of Lab Assistant to Junior Assistant in the petitioner's college and to disburse grant in aid towards his salary with effect from 01.05.2024 with all attendant benefits. For Petitioner : M/s.A.Amala For Respondent : Mr.M.Siddharthan Additional Government Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

2. The grievance raised by the petitioner in this writ petition is with regard to the non-consideration of the proposal sent by the petitioner to approve the promotion of of K.Jeyabalaji from the post of Lab Assistant to Junior Assistant and disburse the grant in aid toward his salary and allowances.

3. As per the petitioner, the said proposal was sent to the third respondent on 22.08.2024 and they also sent reminders on 08.10.2024 and 29.01.2025. But till date, the said proposal was not considered and approved by the third respondent.

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4. The learned counsel for the petitioner contends that in similar circumstances, this Court passed an order dated 26.02.2019 in W.P(MD)No.21152 of 2015, directing the respondents therein to accord approval to the proposal of the petitioner therein. The relevant portion of the said order is extracted herein under:

"3.When the matter is taken up for hearing, it is represented that the subject matter in the Writ Petition is squarely covered by the order, dated 19.12.2018 in W.P(MD)No.12783 of 2017, wherein the impugned order was quashed and the Writ Petition was allowed with a direction to the respondents to accord approval to the promotion of the petitioner as Junior Assistant with effect from the date of his promotion within a period of four weeks from the date of receipt of a copy of this order. 4.Following the same, this Writ Petition is disposed of in similar line. No costs. Consequently, connected Miscellaneous Petitions are closed."

5. On perusal of the same, this Court is of the opinion that the issue involved in the present writ petition is covered by the order stated supra.

6. By following the same, this writ petition is allowed with a direction to the third respondent to accord approval to the proposal submitted by the 3/5

petitioner on 22.08.2024 within a period of three weeks from the date of receipt of a copy of this order. No costs.

12.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Secretary, Department of Higher Education, Fort St.George, Chennai - 600 009.

2.The Secretary, Department of Finance, Fort St.George, Chennai - 600 009.

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

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

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BATTU DEVANAND , J.

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