Veluchamy.R v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH R.Veluchamy ... Petitioner -vs1. The State of Tamil Nadu, Rep by its Secretary, Higher Education Department, Secretariat, Chennai - 9.

2. The Commissioner, Directorate of Technical Education, Chennai 25.

3. The Principal, Annamalai Polytechnic College, Chettinadu, Sivagangai District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his proceedings in Letter No.

29996/C3/2005 dated 31.01.2024 and quash the same and direct the respondents to pass order granting lecturers scale of pay with effect from 19.08.1989 with all consequential monetary benefits.

For Petitioner : Mr.V.Panneerselvam For Respondents : Mr.T.Amjad Khan Govt. Advocate for R1 & R2 Mr.T.Lajapathi Roy, Senior Counsel for M/s.M.Vijayanand for R3

O R D E R

The petitioner has filed the present writ petition before this Court, challenging the rejection order dated 31.01.2024 passed by the second respondent and consequently seeking a direction to the respondents to pass an order granting the lecturer's scale of pay with effect from 19.08.1989, along with all consequential monetary benefits.

2. The case of the petitioner is that he was initially appointed as an Instructor on 19.01.1987 and was redesignated as a Lecturer with effect from 19.08.1989. Despite official records and certificates confirming these dates, the

petitioner's pay was fixed only from 19.11.2004, as per G.O.Ms.No.534 of the Higher Education Department. Due to an administrative error where the date of appointment was wrongly recorded as 12.06.1990 instead of 19.01.1987, the petitioner was subjected to recovery proceedings, amounting to Rs. 19,50,229/-, which were deducted from his pension benefits. This was despite the third respondent later issuing a rectification order regularizing his service from 19.01.1987. The petitioner had earlier filed W.P.(MD) No.14223 of 2023, which was disposed of on 16.06.2023. However, the second respondent, by order dated 31.01.2024, reiterated that the petitioner is not entitled to the lecturer's scale of pay prior to 19.11.2004, citing G.O.Ms.No.534. Aggrieved by the continued refusal to grant pay benefits from 19.08.1989 and the non-consideration of service regularization from 1987 by the second respondent, the petitioner has approached this Court by way of filing the present writ petition.

3. The learned Government Advocate appearing on behalf of the respondents 1 and 2, as well as the learned Senior Counsel appearing on behalf of the third respondent, fairly submitted that the matter may be remanded to the third respondent, who shall forward the proposal to the second respondent within a

specified time frame. Thereafter, the second respondent shall pass appropriate orders on merits and in accordance with law.

4. Heard the learned counsel for the parties and perused the materials available on record.

5. Upon considering the submissions made by the learned counsel for the petitioner, the learned Government Advocate appearing for respondents 1 and 2 and the learned Senior Counsel appearing on behalf of the third respondent, this Court finds it appropriate to set aside the impugned proceeding. Accordingly, the impugned proceeding dated 31.01.2024 is hereby set aside. The matter is remitted back to the third respondent, who is directed to forward a fresh proposal to the second respondent within a period of four weeks from the date of receipt of a copy of this order. Upon receipt of such proposal, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a further period of four weeks.

6. In the result, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 17.07.2025 Index : Yes / No PKN To:-

1. The State of Tamil Nadu, Rep by its Secretary, Higher Education Department, Secretariat, Chennai - 9.

2. The Commissioner, Directorate of Technical Education, Chennai 25.

3. The Principal, Annamalai Polytechnic College, Chettinadu, Sivagangai District.

VIVEK KUMAR SINGH , J.

PKN 17.07.2025