The Correspondent Cum Secretary v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.11483 of 2025 The Correspondent cum Secretary Women's Christian College Nagercoil - 629 001, Kanyakumari District.
...Petitioner
Vs.
1.The State of Tamil Nadu Represented by its Secretary, Department of Higher Education, Fort St.Geroge, Chennai - 600009.
2.The Director of Collegiate Education, DPI Complex, College Road, Chennai - 600006.
3.The Joint Director of Collegiate Education, Tirunelveli Region, Palayamkottai, Tirunelveli District. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a Writ of Mandamus directing the 3rd respondent Joint Director to disburse the arrear of salary admissible to Dr.I.R.Sheela 1 / 6
in the post of Assistant Professor (Commerce) in the petitioner college for the period 09.10.2019 to 31.08.2023 with all attendant consequential benefits within a reasonable time as may be prescribed by this Court. For Petitioner : Mr. K.Ragatheesh Kumar for M/s. ISAAC CHAMBERS For R1 to R3 : Mr.T.Amjadkhan Government Advocate
O R D E R
Heard the learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate for the respondents. I have carefully perused the materials available on record.
2. The petitioner is the Correspondent of the Women's Christian College which is a minority diocese institution. In the said college, one post of Assistant Professor (Commerce) fell vacant due to the retirement of then incumbent Dr.R.Rathiha on 31.05.2012. In the said vacancy, the college appointed one Dr.I.R.Sheela, Assistant Professor (Commerce) with effect from 09.10.2019. Thereafter, the college sent a proposal for approval from the affiliated university. The University gave qualification 2 / 6
approval for her appointment vide proceedings dated 15.03.2023. Thereafter, the college submitted a proposal to the third respondent seeking for approval of appointment of the said Assistant Professor with effect from 09.10.2019. The third respondent vide proceedings dated 12.04.2023, granted approval for appointment of the said Assistant Professor with effect from 09.10.2019. But salary was disbursed only from the month of September, 2023 and not from the date of appointment. The arrears of salary from 09.10.2019 to 31.08.2023 is not disbursed till date. The petitioner has submitted several representations to the third respondent for disbursement of arrears of salary. But the representations dated 16.05.2024 and further 19.12.2024 were not considered. Aggrieved by the inaction of the respondents and to consider the request of the petitioner, the present writ petition is filed.
3. On careful perusal of the materials available on record, it appears that the third respondent granted approval order dated 12.04.2023 wherein the approval was granted with effect from 09.10.2019, that is the date of the appointment of the said Assistant Professor. As and when approval is granted with effect from 09.10.2019, 3 / 6
the action of the third respondent in disbursing the salary only from the month of September, 2023 is illegal, unjust and in violation of Article 21 of the Constitution of India. Further the action of the third respondent in not considering the representations dated 16.05.2024 and 19.12.2024 of the petitioner is unjust.
4. For the reasons stated above, this writ petition is allowed with a direction to the third respondent to disburse those arrears of salary admissible to Dr.I.R.Sheela in the post of Assistant Professor (Commerce), for the period from 09.10.2019 to 31.08.2023 with all attendant consequential benefits within a period of eight weeks from the date of receipt of a copy of this order.
5. There shall be no order as to costs.
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To 1.The Secretary, State of Tamil Nadu Department of Higher Education, Fort St.Geroge, Chennai - 600009.
2.The Director of Collegiate Education, DPI Complex, College Road, Chennai - 600006.
3.The Joint Director of Collegiate Education, Tirunelveli Region, Palayamkottai, Tirunelveli District.
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BATTU DEVANAND, J.
pnn W.P.(MD)No.11483 of 2025 24.04.2025 6 / 6