I.J.Helena Gracelin v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN I.J.Helena Gracelin ... Petitioner Vs 1.The Director of Collegiate Education, College Road, Chennai - 600 006.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.

3.The Correspondent cum Secretary, St.John's College, Palayamkottai, Tirunelveli District - 627 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to forthwith disburse the Grant in Aid towards the salary of the petitioner with arrears and other attendant benefits w.e.f. 17.06.2009 in light of the proceedings of the second respondent in Pa.Mu.No.004096/A2/2019 dated 11.05.2022. 1/4

For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 & R.2 Mt.P.P.Alwin Balan for R.3

ORDER

Heard the learned counsel on either side.

2. The petitioner is working as Assistant Professor in the Department of Tamil in the third respondent College. She joined service way back in the year 2009. Unfortunately, due to certain issues, there was delay in approving the appointment. The approval order finally came on May 2022. A reading of the approval order indicates that the petitioner's appointment was approved with effect from the original date of appointment. However, the petitioner's salary grant has been released and the petitioner is now only getting her monthly pay. Arrears of salary have not been disbursed. Therefore, the present writ petition came to be filed.

3. The respondents have filed counter affidavit. In paragraph 10 of the counter affidavit, it has been stated that letter has been sent to the Director of 2/4

Collegiate Education, Chennai for fund allotment for salary arrears. It appears that there are some financial difficulties in disbursing the fund.

4. I can understand the difficulties of the respondents. But then the entitlement of the petitioner cannot be denied. Therefore, the respondents are directed to disburse the salary arrears of the petitioner as expeditiously as possible.

5. This writ petition is allowed accordingly. There shall be no order as to costs.

30.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Director of Collegiate Education, College Road, Chennai - 600 006.

2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.

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G.R.SWAMINATHAN, J.

MGA 30.06.2023 4/4