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Madras High CourtWP(MD)/13007/2021disposed of

Dr.Nagoorkani.P v. The Principal Secretary To Government

2024-08-12Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Nagoorkani ... Petitioner /Vs./ 1.The Principal Secretary To Government, Higher Education Department, Government of Tamilnadu, Secretariat, Chennai 600 009.

2.The Vice Chancellor, Madurai Kamaraj University, Madurai 625 021.

3.The Registrar, Madurai Kamaraj University, Madurai 625 021.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to promote petitioner as Associate Professor, Head of the Department of Modern History and Chair person of School of Historical Studies in the 2nd and 3rd respondents University with all arrears monetary benefits based on the 1/6

petitioner's CAS application dated 23.10.2020 and petitioner's representation dated 25.03.2021 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.T.Amjad Khan (R1) Government Advocate Mr.R.M.Makesh Kumaravel (R2 and R3)

ORDER

This writ petition has been filed for a writ of mandamus, seeking for a direction to the respondents to promote the petitioner as Associate Professor, Head of the Department of Modern History and Chair Person of School of Historical Studies in the 2nd and 3rd respondent University with all arrears of monetary benefits, based on the petitioner's CAS application dated 23.10.2020 and petitioner's representation dated 25.03.2021 within a time frame to be fixed by this Court.

2. Heard Mr.A.D.Ganeshamoorthi, learned counsel appearing for the petitioner, Mr.T.Amjad Khan, learned Government Advocate 2/6

appearing for the first respondent and Mr.R.M.Makesh Kumaravel, learned counsel appearing for the second and third respondents.

3. It is now brought to the notice of this Court by the learned standing counsel appearing for the respondent university that subsequent to filing of this writ petition, the petitioner has been promoted to the post of Associate Professor, Head of the Department of Modern History.

4. However, the learned counsel appearing for the petitioner submits that subsequent to the petitioner's promotion, he has not been paid his arrears of monetary benefits which the respondent university is liable to pay.

5. The petitioner had earlier given a representation on 25.03.2021 prior to filing of this writ petition seeking for promoting him to the post of Associate Professor, Head of the Department of Modern History as well as seeking for payment of his arrears of the monetary benefits. Insofar as the first representation, namely, his promotion to the post of Associate Professor, Head of the Department of Modern History is 3/6

concerned, the same has been achieved by the petitioner, subsequent to filing of this writ petition. The second representation, namely, payment of arrears of monetary benefits of the petitioner has not been considered by the respondents till date.

6. No prejudice will be caused to the respondents, if the representation of the petitioner dated 25.03.2021 with regard to payment of arrears of monetary benefits pursuant to his promotion to the post of Associate Professor, Head of the Department of Modern History is considered by the respondents, on merits and in accordance with law, within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Court directs the second and third respondents to pass final orders, on merits and in accordance with law, on the petitioner's representation dated 25.03.2021 with regard to his request for payment of arrears of monetary benefits pursuant to his promotion to the post of Associate Professor, Head of the Department of the Modern History within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is made clear that this Court is not 4/6

expressing any opinion on the merits of the petitioner's representation in this order.

8. With the aforesaid direction, this writ petition is disposed of. No costs.

12.08.2024 Index : Yes / No NCC : Yes / No sm TO:

1.The Principal Secretary To Government, Higher Education Department, Government of Tamilnadu, Secretariat, Chennai 600 009.

2.The Vice Chancellor, Madurai Kamaraj University, Madurai 625 021.

3.The Registrar, Madurai Kamaraj University, Madurai 625 021.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

12.08.2024 6/6