Womens Christian College v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND Women's Christian College, Rep. by its Correspondent cum Secretary, Nagercoil-629 001, Kanyakumari District.
... Petitioner Vs.
1. The State of TamilNadu, Rep.by its Secretary, Department of Higher Education, Fort. St. George, Chennai-600 009.
2. The Director of Collegiate Education, DPI Complex, College Road, Chennai-600 006.
3. The Joint Director of Collegiate Education, Tirunelveli Region, Palayamkottai, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent Joint Director to disburse the arrears of salary admissible to Dr.M.Hepsiba Jeni in the post of Physical Director in the petitioner college for the period 09.07.2007 to 1/6
15.6.2010 with all attendant consequential benefits including the benefits under CAS as per the proceedings of the Joint director in Ni.Mu.No.16272/Aa1/2018 dated 11.12.2019 and Mu.Mu.No.7048/E3/2022 dated 07.10.2022. For Petitioner : Mr.K.Ragatheesh Kumar For Respondents : Mr.M.Siddharthan Additional Government Pleader
O R D E R
Heard the learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader for the respondents. I have carefully perused the materials available on record.
2. The petitioner is the Correspondent cum Secretary of the Women's Christian College which is a minority diocese institution. In the said college, one post of Physical Director fell vacant due to the retirement of then incumbent Mrs.Beula Glory on 31.05.2007. In the said vacancy, the college appointed one Dr.M.Hepsiba Jeni, Physical Director with effect from 09.07.2007. Thereafter, the college sent a proposal for approval from the affiliated university. Thereafter, the college submitted a proposal to the third respondent seeking for approval of appointment of the said Physical Director with effect from 2/6
09.07.2007. The third respondent vide proceedings dated 02.11.2012, granted approval for appointment of the said Physical Director with effect from 16.06.2010. But salary was disbursed only from the month of June, 2010 and not from the date of appointment. The arrears of salary from 09.07.2007 to 15.06.2010 is not disbursed till date. The petitioner has submitted representation to the third respondent for disbursement of arrears of salary. But the representation dated 19.12.2024 was 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 02.11.2012, wherein, the approval was granted with effect from 16.06.2010. As and when approval is granted with effect from 16.06.2010, the action of the third respondent in disbursing the salary only from the month of June, 2010 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 representation dated 19.12.2024 of the petitioner is unjust.
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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.M.Hepsiba Jeni in the post of Physical Director, for the period from 09.07.2007 to 15.06.2010 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 State of TamilNadu, Rep.by its Secretary, Department of Higher Education, Fort. St. George, Chennai-600 009.
2. The Director of Collegiate Education, DPI Complex, College Road, Chennai-600 006.
3. The Joint Director of Collegiate Education, Tirunelveli Region, Palayamkottai, Tirunelveli District.
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BATTU DEVANAND , J.
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